Bankruptcy and Insolvency General Rules

Version of the schedule from 2009-09-17 to 2010-04-28:


SCHEDULE(Section 1 and paragraphs 128(2)(c) and 129(1)(f))

PART ITariff of Costs

Instructions

INSTRUCTIONS:
1For bankruptcy application or assignment blank line$4.00
2To present, oppose or attend upon bankruptcy application blank line4.00
3To present, oppose or attend on application or motion to institute proceeding to court for approval of proposal blank line4.00
4To attend on, oppose or defend any issue blank line4.00
5To support or oppose an application or motion to court or chambers blank line4.00
6For any affidavit blank line2.00
7For or to answer interrogatories or cross-interrogatories or to examine or attend on any examination of a bankrupt or of any other person blank line4.00
8To appeal or to oppose appeal blank line4.00
9For any pleading blank line4.00
10For any other important step or proceeding in any cause, matter or proceeding not included in the above blank line4.00

Drawing Pleadings, Etc.

DRAWING:
11Statement of claim, motion to institute proceeding, defence or any pleading instructed by the court or a judge to be drawn blank line6.00
12Bankruptcy application or assignment blank line6.00
13Proposal blank line6.00
14Any 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 blank line6.00
15Notice of motion, objection or contestation blank line4.00
16Interrogatories, cross-interrogatories or answer to either of the same, commission, letters rogatory or other document of like nature blank line6.00
17(a) Affidavit, per folio blank line0.30
(b) Preparing exhibits, per folio blank line0.30
18For every additional folio over 10, per folio blank line0.20
19Engrossing the above and for each necessary copy, per folio blank line0.10

Perusals

PERUSING:
20Statement of claim, motion to institute proceeding, defence or other pleading blank line3.00
21Bankruptcy application or assignment blank line3.00
22Issue blank line3.00
23Any 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 blank line3.00
24Notice of motion, objection or contestation blank line2.00
25Affidavit, including exhibits blank line2.00
26Interrogatories, cross-interrogatories or answer to either of the same, or any other document of a similar nature blank line3.00
27Notice to produce or admit blank line2.00
28Any important notice or paper not otherwise mentioned blank line2.00

Process

29Every 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 blank line10.00
30Renewal of process, including instructions, drawing and attendance to issue, register and deliver the same blank line6.00
31Subpoena ad testificandum blank line1.50
32Subpoena duces tecum blank line3.00
33For every additional folio over four blank line0.20

Services

34Service of bankruptcy application or other document by which any proceeding is commenced blank line3.00
35If 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 blank line0.30
36For service out of jurisdiction, such allowance as taxing officer considers proper.
37Attending to serve any other document blank line2.00

Briefs

38Drawing brief blank line5.00
39Every additional folio over five blank line0.20

Copies

40Copies 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 blank line0.10

Notices, Demands, Etc.

41Notice to admit or produce blank line2.00
42Appointment for examination of bankrupt or witness or for any other purpose blank line1.00
Engrossing and each copy, per folio blank line0.10
43Notice of trial, hearing of issue, or summary hearing blank line2.00
44Every notice under any other statute blank line2.00
45All other notices and demands not above specified including notices to the Canada Gazetteblank line2.00
46Every folio over three of any of above blank line0.20

Attendances

47Attendance consequent on service of notice to produce or admit, or notice under any statute blank line2.00
48Attendance for special leave to serve notice of motion or to appeal, in the discretion of the taxing officer blank line3.00
49Consultation with counsel, if proper, in the discretion of the taxing officer, per hour, not to exceed blank line10.00
50Attending court or chambers, per hour blank line10.00
51To obtain or give undertaking to defend when service accepted by barrister or solicitor or, in the Province of Quebec, advocate blank line2.00
52To file any paper or for any appointment, or to receive, accept or admit service of any paper not otherwise provided for blank line1.00
53Attending to procure evidence for the trial or bankruptcy application, in addition to all proper travelling expenses, per hour blank line5.00
54Every other necessary attendance, per hour blank line5.00
May be reduced or increased in the discretion of the taxing officer.
55Attendances, 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

56Each letter blank line1.00
57Perusal of each letter blank line1.00
These items may be reduced or increased in the discretion of the taxing officer.

Security for Costs

58On 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 blank line20.00

Judgments or Orders

59Drawing minutes of judgment or order blank line3.00
For every folio over five, per folio blank line0.20
60Engrossing judgment or order, after settlement of minutes, per folio blank line0.10
61Judgment when no defence and no minutes necessary blank line4.00
62Appointment to settle or pass judgment or order of court blank line1.00
63Attending to settle minutes, per hour, not to exceed blank line10.00
64Attending to enter judgment blank line3.00
65Attending for any praecipe order or any order of the Office of the Court blank line2.00
66Any praecipe order or order of the Office of the Court blank line2.00

Payment Into or Out of Court

67(a) Instructions to pay into court blank line2.00
(b) Instructions to obtain moneys out of court blank line2.00
(c) Praecipe or order of the Office of the Court to pay in or obtain out of court blank line1.00
(d) Attending for direction blank line3.00
(e) Attending for cheque to pay in blank line2.00
(f) Attending to pay or receive cheque in payment out blank line2.00
(g) Praecipe or order of the Office of the Court for certificate of account blank line1.00
(h) Attending for certificate of account blank line2.00
(i) Drawing receipt or certificate of bank as to payment in or non-payment in blank line1.00
(j) Attending to enquire at bank and for certificate blank line2.00

Taxation Of Costs

68Drawing bill of costs for taxation, per folio blank line0.30
69Engrossing and each copy to serve, each per folio blank line0.10
70Notice of taxation or appointment to tax blank line1.00
71Every copy, per folio blank line0.15
72Attending on taxation, per hour, not to exceed blank line10.00

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 blank line10.00
(b) Bankruptcy application blank line10.00
(c) Special notice of motion blank line10.00
(d) Interrogatories or answers to same blank line10.00
(e) Cross-interrogatories or answers to same blank line10.00
(f) Issue blank line10.00
(g) Application or motion to institute proceeding in connection with any proposal blank line10.00
(h) Any other document or proceeding of like nature to any of the above blank line10.00
Any of the above may be reduced or increased in the discretion of the taxing officer.
74Attendance 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 blank line10.00
75Consultation 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 blank line10.00
76Advising on evidence blank line10.00
May be reduced or increased in the discretion of the taxing officer.
77On opposed motion before a judge blank line40.00
May be reduced or increased in the discretion of the taxing officer.
78On ex parte application or motion before a judge blank line20.00
79Attendance on opposed application or motion to registrar blank line20.00
80On ex parte application or motion to registrar blank line15.00
Both of above items may be increased in the discretion of the taxing officer.
81Attendance on adjournment before a judge, when opposed blank line15.00
82Attendance on adjournment before a judge, when unopposed blank line10.00
83Attendance on adjournment before registrar blank line5.00
84Barrister or solicitor or, in the Province of Quebec, advocate fee with brief on
(a) Bankruptcy application blank line75.00
(b) Trial blank line75.00
(c) Application for approval of proposal blank line75.00
(d) Trial of issue blank line75.00
(e) Summary hearing blank line75.00
(f) Application for discharge by trustee or bankrupt, when opposed blank line75.00
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
85Barrister 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.
86If 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.
87The 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

88Claims collected after notice or demand as a whole or in instalments:

on first $300, or less blank line

20%

on excess over $300, up to $1,000 blank line

12%

on over $1,000 blank line

7%

minimum charge $5

on claims less than $10, charge not to exceed one-half the claim.

Witness Fees and Allowances

89Fees and allowances payable to witnesses shall be those in effect within each province or territory.

PART IIFees Payable to Court Officers

Fees Payable to the Registrar

Bankruptcy
1The trustee shall pay the registrar, at the time of the opening of a file or at any later date determined by the registrar,
  • (a) for all Court services to be rendered to the trustee in a summary administration bankruptcy, a single fee of blank line

$50
  • (b) for all Court services to be rendered to the trustee in a bankruptcy other than a summary administration bankruptcy, a single fee of blank line

$150
2No fee shall be paid by the trustee if
  • (a) a summary administration bankruptcy file is caused to be opened by a person other than the trustee and a fee is paid pursuant to paragraph 4(f) for an opposition to the discharge of the bankrupt; or

  • (b) the debtor has become bankrupt following a bankruptcy order made under subsection 43(6) of the Act, has filed an assignment under subsection 50(4.1) of the Act or is deemed to have made an assignment under subsection 50.4(8) or (11), paragraph 57(a) or subsection 61(2) or 63(4) of the Act.

Proposal
3The trustee or the administrator shall pay the registrar, at the opening of a file or at any later date determined by the registrar,
  • (a) for all Court services to be rendered to the trustee in a general scheme proposal (Division I of Part III of the Act), a single fee of blank line

$150
  • (b) for all Court services to be rendered to the administrator in a consumer proposal (Division II of Part III of the Act), a single fee of blank line

$50
Bankruptcy and proposal
4A person other than the trustee or the administrator shall pay a fee to the registrar for the following services:
  • (a) an application for a bankruptcy order blank line

$150
  • (b) a motion for the appointment of an interim receiver blank line

$50
  • (c) a motion made under section 248 or 249 of the Act blank line

$50
  • (d) a motion for substituted service blank line

$10
  • (e) any other motion

  • (i) in an ordinary bankruptcy or a proposal under Division I of Part III of the Act blank line

$50
  • (ii) in a summary bankruptcy or a proposal under Division II of Part III of the Act blank line

$10
  • (f) any written dispute or opposition blank line

$50
  • (g) taxing a receiver’s accounts under subsection 248(2) of the Act blank line

$50
  • (h) taxing a bill of legal services costs for

  • (i) a bill of $500 or more, but not exceeding $3,000 blank line

$25
  • (ii) a bill in excess of $3,000 blank line

$50
Other services
5The fees payable for all other services, including proceedings before the Court of Appeal, name searches and the issuance of a subpoena or a certificate, shall be those in effect within each province or territory.
6No fee shall be charged for the filing of a document or report by the Official Receiver or the Superintendent of Bankruptcy.

Fees and Disbursements Payable to the Bailiff

7The fees and disbursements payable to the bailiff shall be those in effect within  each province or territory.

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.

  • SOR/78-389, s. 6
  • SOR/96-473, ss. 2 to 4
  • SOR/98-240, s. 2
  • SOR/2007-61, ss. 35 to 39, 40(F), 41, 42, 43 to 44(F), 45, 46 to 47(F), 48, 49 to 50(E), 51 to 53, 54(F), 55 to 58, 59(E), 60 to 62, 63(E), 64, 66(F), 67
  • SOR/2009-270, s. 1
Date modified: