Bankruptcy and Insolvency General Rules

PART ITariff of Costs

Instructions

INSTRUCTIONS:
1	For bankruptcy application or assignment	$4.00
2	To present, oppose or attend upon bankruptcy application	4.00
3	To present, oppose or attend on application or motion to institute proceeding to court for approval of proposal	4.00
4	To attend on, oppose or defend any issue	4.00
5	To support or oppose an application or motion to court or chambers	4.00
6	For any affidavit	2.00
7	For or to answer interrogatories or cross-interrogatories or to examine or attend on any examination of a bankrupt or of any other person	4.00
8	To appeal or to oppose appeal	4.00
9	For any pleading	4.00
10	For any other important step or proceeding in any cause, matter or proceeding not included in the above	4.00

Drawing Pleadings, Etc.

DRAWING:
11	Statement of claim, motion to institute proceeding, defence or any pleading instructed by the court or a judge to be drawn	6.00
12	Bankruptcy application or assignment	6.00
13	Proposal	6.00
14	Any other document commencing a proceeding not commenced by bankruptcy application, statement of claim or motion to institute proceeding and any document in answer to same	6.00
15	Notice of motion, objection or contestation	4.00
16	Interrogatories, cross-interrogatories or answer to either of the same, commission, letters rogatory or other document of like nature	6.00
17	(a) Affidavit, per folio	0.30
	(b) Preparing exhibits, per folio	0.30
18	For every additional folio over 10, per folio	0.20
19	Engrossing the above and for each necessary copy, per folio	0.10

Perusals

PERUSING:
20	Statement of claim, motion to institute proceeding, defence or other pleading	3.00
21	Bankruptcy application or assignment	3.00
22	Issue	3.00
23	Any other document commencing a proceeding not commenced by bankruptcy application, statement of claim or motion to institute proceeding and any document in answer to same	3.00
24	Notice of motion, objection or contestation	2.00
25	Affidavit, including exhibits	2.00
26	Interrogatories, cross-interrogatories or answer to either of the same, or any other document of a similar nature	3.00
27	Notice to produce or admit	2.00
28	Any important notice or paper not otherwise mentioned	2.00

Process

29	Every writ, warrant, certificate of judgment or lis pendens or notice of advance registration, including instructions, drawing and attendance to issue, register and deliver the same	10.00
30	Renewal of process, including instructions, drawing and attendance to issue, register and deliver the same	6.00
31	Subpoena ad testificandum	1.50
32	Subpoena duces tecum	3.00
33	For every additional folio over four	0.20

Services

34	Service of bankruptcy application or other document by which any proceeding is commenced	3.00
35	If served at over 2 miles from nearest place of business or office of barrister or solicitor or, in the Province of Quebec, advocate serving same, for each mile beyond 2, each way	0.30
36	For service out of jurisdiction, such allowance as taxing officer considers proper.
37	Attending to serve any other document	2.00

Briefs

38	Drawing brief	5.00
39	Every additional folio over five	0.20

Copies

40

Copies of bankruptcy applications, pleadings, notices, demands, minutes, orders, judgments, appointments, subpoenas and any other document when no other provision is made and copies are properly allowable, per folio, for each copy

0.10

Notices, Demands, Etc.

41	Notice to admit or produce	2.00
42	Appointment for examination of bankrupt or witness or for any other purpose	1.00
	Engrossing and each copy, per folio	0.10
43	Notice of trial, hearing of issue, or summary hearing	2.00
44	Every notice under any other statute	2.00
45	All other notices and demands not above specified including notices to the Canada Gazette	2.00
46	Every folio over three of any of above	0.20

Attendances

47	Attendance consequent on service of notice to produce or admit, or notice under any statute	2.00
48	Attendance for special leave to serve notice of motion or to appeal, in the discretion of the taxing officer	3.00
49	Consultation with counsel, if proper, in the discretion of the taxing officer, per hour, not to exceed	10.00
50	Attending court or chambers, per hour	10.00
51	To obtain or give undertaking to defend when service accepted by barrister or solicitor or, in the Province of Quebec, advocate	2.00
52	To file any paper or for any appointment, or to receive, accept or admit service of any paper not otherwise provided for	1.00
53	Attending to procure evidence for the trial or bankruptcy application, in addition to all proper travelling expenses, per hour	5.00
54	Every other necessary attendance, per hour	5.00
	May be reduced or increased in the discretion of the taxing officer.
55	Attendances, correspondence, etc., incurred through negotiations by a defendant creditor or debtor to gain time, or in the endeavour to compromise or settle the action, bankruptcy application or proceeding, such allowance as the taxing officer considers proper.

Letters

56	Each letter	1.00
57	Perusal of each letter	1.00
	These items may be reduced or increased in the discretion of the taxing officer.

Security for Costs

58

On giving of any security for costs in any proceeding, including drawing and engrossing same, and all affidavits and copies, and necessary attendances and taking of affidavits in discretion of taxing officer but not to exceed

20.00

Judgments or Orders

59	Drawing minutes of judgment or order	3.00
	For every folio over five, per folio	0.20
60	Engrossing judgment or order, after settlement of minutes, per folio	0.10
61	Judgment when no defence and no minutes necessary	4.00
62	Appointment to settle or pass judgment or order of court	1.00
63	Attending to settle minutes, per hour, not to exceed	10.00
64	Attending to enter judgment	3.00
65	Attending for any praecipe order or any order of the Office of the Court	2.00
66	Any praecipe order or order of the Office of the Court	2.00

Payment Into or Out of Court

67	(a) Instructions to pay into court	2.00
	(b) Instructions to obtain moneys out of court	2.00
	(c) Praecipe or order of the Office of the Court to pay in or obtain out of court	1.00
	(d) Attending for direction	3.00
	(e) Attending for cheque to pay in	2.00
	(f) Attending to pay or receive cheque in payment out	2.00
	(g) Praecipe or order of the Office of the Court for certificate of account	1.00
	(h) Attending for certificate of account	2.00
	(i) Drawing receipt or certificate of bank as to payment in or non-payment in	1.00
	(j) Attending to enquire at bank and for certificate	2.00

Taxation Of Costs

68	Drawing bill of costs for taxation, per folio	0.30
69	Engrossing and each copy to serve, each per folio	0.10
70	Notice of taxation or appointment to tax	1.00
71	Every copy, per folio	0.15
72	Attending on taxation, per hour, not to exceed	10.00

Barristers’ or Solicitors’ or, in the Province of Quebec, Advocates’ Fees

SETTLING:
73	(a) Statement of claim, motion to institute proceeding, defence, or any other pleading	10.00
	(b) Bankruptcy application	10.00
	(c) Special notice of motion	10.00
	(d) Interrogatories or answers to same	10.00
	(e) Cross-interrogatories or answers to same	10.00
	(f) Issue	10.00
	(g) Application or motion to institute proceeding in connection with any proposal	10.00
	(h) Any other document or proceeding of like nature to any of the above	10.00
	Any of the above may be reduced or increased in the discretion of the taxing officer.
74	Attendance of barrister or solicitor or, in the Province of Quebec, advocate on examination for discovery, cross-examination on affidavits, examination of witness on motion, examination of witness de bene esse, examination of bankrupt, or any similar examination, per hour, not to exceed	10.00
75	Consultation with barrister or solicitor or, in the Province of Quebec, advocate of client if proper, in the opinion of the taxing officer, per hour, not to exceed	10.00
76	Advising on evidence	10.00
	May be reduced or increased in the discretion of the taxing officer.
77	On opposed motion before a judge	40.00
	May be reduced or increased in the discretion of the taxing officer.
78	On ex parte application or motion before a judge	20.00
79	Attendance on opposed application or motion to registrar	20.00
80	On ex parte application or motion to registrar	15.00
	Both of above items may be increased in the discretion of the taxing officer.
81	Attendance on adjournment before a judge, when opposed	15.00
82	Attendance on adjournment before a judge, when unopposed	10.00
83	Attendance on adjournment before registrar	5.00
84	Barrister or solicitor or, in the Province of Quebec, advocate fee with brief on
	(a) Bankruptcy application	75.00
	(b) Trial	75.00
	(c) Application for approval of proposal	75.00
	(d) Trial of issue	75.00
	(e) Summary hearing	75.00
	(f) Application for discharge by trustee or bankrupt, when opposed	75.00
	May be reduced or increased in the discretion of the taxing officer.
	For second barrister or solicitor or, in the Province of Quebec, advocate, if allowed by a judge, 2/3 of the fees allowed under this item to first barrister, solicitor or advocate
85	Barrister or solicitor or, in the Province of Quebec, advocate fee for services rendered in or out of court in settling or compromising a claim or proceedings or endeavouring to do so is in the discretion of the taxing officer and may be calculated by way of commission or percentage on amount recovered or defended or on value of property concerned or any other basis as the taxing officer considers proper.
86	If fees or allowances are in the discretion of the taxing officer or may be reduced or increased in his discretion, he shall have regard to all the circumstances including the importance of the matter, the time occupied, the general conduct and success of the proceedings, the competence exhibited and the preparation of any written argument required.
87	The taxing officer may, in their discretion, allow fair and reasonable fees and allowances for necessary and proper services rendered by barristers or solicitors or, in the Province of Quebec, advocates for which no fees or allowances are provided by the tariff.

Barristers’ or Solicitors’ or, in the Province of Quebec, Advocates’ Fees on Collection of Accounts

Witness Fees and Allowances

PART IIFees Payable to Court Officers

Fees Payable to the Registrar

Bankruptcy

Proposal

Bankruptcy and proposal

Other services

Fees and Disbursements Payable to the Bailiff

PART IIIScale of Trustee’s Disbursements for Work in other than Summary Administration

The trustee shall, in other than summary administrations, be entitled to be paid his disbursements, and in taxing such disbursements the taxing officer may allow as disbursements the following:

• 1 For taking possession, verifying the bankrupt’s statement of affairs, and making an inventory of his assets and a list of his liabilities:

  The actual disbursements of the trustee in connection with the said work.

• 2 For preparing and mailing to all creditors the following documents:

  • (a) notice of first meeting,

  • (b) documents accompanying notice of first meeting,

  • (c) explanatory circular letter,

  • (d) statement of assets and liabilities,

  • (e) minutes of first meeting or synopsis thereof,

  • (f) interim report from statement,

  • (g) notice of application for discharge,

  • (h) notice of application to pass accounts,

  • (i) statement of receipts and disbursements,

  • (j) dividend sheet,

  • (k) other documents necessary or desirable in the opinion of the taxing officer to inform the creditors,

  the cost of printing plus postage or if it is less,

  • (l) on the first 100 notices and other documents, $0.07 per folio,

  • (m) on the next 200 notices and other documents, $0.05 per folio,

  • (n) on any excess over 300 notices and other documents, $0.02 per folio,

  plus postage.

• 3 Printed proof of debt and proxy forms at cost:

  If the court considers that the amount of remuneration allowed to the trustee is sufficient to compensate him adequately for all services rendered to the estate, the court may disallow the foregoing disbursements either in whole or in part.

  If a court officer performs a service for which no fee is provided in this tariff, the court may allow a fee in an amount equal to the fee in this tariff for the service most nearly analogous or comparable to the services rendered, or if no fee can be found herein applicable to the particular service rendered, according to the tariff in effect in other civil matters in the court.

  No disbursements are payable to trustees in respect of

  • (a) collection notices,

  • (b) notices of sale,

  • (c) notices under section 120,

  • (d) notices respecting goods in storage,

  • (e) notices of stay of proceedings,

  • (f) any other notice that is not sent to all creditors.