221/90
O.C. 1039/90
September 1, 1990
REPEALED BY B.C. REG. 168/2009
Court Rules Act
Supreme Court Rules
[includes amendments up to B.C. Reg. 165/2009, July 1, 2009]
Appendix B
PARTY AND PARTY COSTS
Interpretation
1
In this Appendix process means the drawing, filing, service
or delivery of a document and any amendment to it or particulars of it, but does not
include an application made with respect to the process or any part of the
process.
Scale of costs
2
1
Where a court has made an order for costs, it may fix the scale, from
Scale A to Scale C in subsection (2), under which the costs will be assessed, and may
order that one or more steps in the proceeding be assessed under a different scale from
that fixed for other steps.
2
In fixing the scale of costs the court shall have regard to the following principles:
a
Scale A is for matters of little or less than ordinary difficulty;
b
Scale B is for matters of ordinary difficulty;
c
Scale C is for matters of more than ordinary difficulty;
d and e
Repealed. [B.C. Reg. 120/2006, Sch. 2, S. 3 (b).]
3
In fixing the appropriate scale under which costs will be assessed, the
court may take into account the following:
a
whether a difficult issue of law, fact or construction is
involved;
b
whether an issue is of importance to a class or body of persons, or is of
general interest;
c
whether the result of the proceeding effectively determines the rights and
obligations as between the parties beyond the relief that was actually granted or
denied.
4
If, after December 31, 2006, a settlement is reached under which payment
of assessed costs is agreed to or an order for costs is made, and if no scale is fixed
or agreed to in that settlement or order, the costs must be assessed under Scale B,
unless a party, on application, obtains an order of the court that the costs be assessed
under another scale.
4.1
If, after it fixes the scale of costs applicable to a proceeding under
subsection (1) or (4), the court finds that, as a result of unusual circumstances, an
award of costs on that scale would be grossly inadequate or unjust, the court may order
that the value for each unit allowed for that proceeding, or for any step in that
proceeding, be 1.5 times the value that would otherwise apply to a unit in that scale
under section 3 (1).
4.2
For the purposes of subsection (4.1), an award of costs is not grossly
inadequate or unjust merely because there is a difference between the actual legal
expenses of a party and the costs to which that party would be entitled under the scale
of costs fixed under subsection (1) or (4).
5
Where costs may be assessed without order or agreement, the scale of costs
shall be fixed by the registrar upon the assessment.
6
If an offer to settle is made under Rule 37 after December 31, 2006 and before July 2, 2008, any costs payable on acceptance of that offer must, unless the court otherwise orders be assessed under Scale B.
7
If an offer to settle is made under Rule 37B after July 1, 2008, any costs payable on acceptance of that offer must, unless the court otherwise orders, be assessed under Scale B.
[am. B.C. Regs. 10/92, s. 16; 95/96, s. 29; 120/2006, Sch. 2, s. 3 (a) to (e); 165/2009, s. 7.]
Value of units
3
1
The value for each unit allowed on an assessment conducted after December
31, 2006 in relation to orders and settlements made after that date is as
follows:
a
Scale A — $60;
b
Scale B — $110;
c
Scale C — $170.
2
Where maximum and minimum numbers of units are provided for in an Item in
the Tariff, the registrar has the discretion to allow a number within that range of
units.
3
In assessing costs where the Tariff indicates a range of units, the
registrar shall have regard to the following principles:
a
one unit is for matters upon which little time should ordinarily have been
spent;
b
the maximum number of units is for matters upon which a great deal of time
should ordinarily have been spent.
[am. B.C. Regs. 10/92, s. 17; 161/98, s. 27; 120/2006, Sch. 2, s. 3.]
Per diem rates
4
1
Where in a Tariff Item a number of units is allowed for each day but the
time spent during a day is not more than 2 1/2 hours, only 1/2 of the number of units
shall be allowed for that day.
2
Where in a Tariff Item a number of units is allowed for each day but the
time spent during a day is more than 5 hours, the number of units allowed for that day
shall be increased by 1/2 of the number.
3
Where in a Tariff Item a number of units is allowed for preparation for an
attendance but the time spent on the attendance is not more than 2 1/2 hours, only 1/2
of the number of units for preparation shall be allowed.
4
Where in the Tariff units may be allowed for preparation for an activity,
the registrar may allow units for preparation for an activity that does not take place
or is adjourned up to the maximum allowable for one day.
[am. B.C. Reg. 10/92, s. 18.]
Uncontested family law proceedings
5
In a family law proceeding in which no claim, other than a claim for costs, has
been contested, the costs shall be assessed under Scale A.
[en. B.C. Reg. 161/98, s. 28; 120/2006, Sch. 2, s. 3.]
Uncontested foreclosure proceedings
6
In a proceeding under Rule 50, uncontested at the hearing on any issue except
costs, the costs shall be assessed under Scale A.
[am. B.C. Reg. 120/2006, Sch. 2, s. 3.]
Repealed
7
Repealed. [B.C. Reg. 120/2006, Sch. 2, s. 3.]
Default judgment and process for execution
8
1
Where judgment is entered upon default of appearance or of pleading, the
costs shall be in accordance with Schedule 1.
2
Where a writ of execution or garnishing order, or process in Forms 51 to
53, is issued, the costs shall be endorsed on the process and allowed in accordance with
Schedule 2, instead of Item 32.
3
The amount involved under subsection (1) is the amount for which the
judgment is entered.
4
The amount involved under subsection (2) is the amount payable, if any,
that is endorsed on the process.
5
In addition to the fees set out in Schedules 1 and 2, the costs of any
application to the court relating to the judgment or to the process for execution may be
ordered to be assessed under the Tariff.
[am. B.C. Reg. 10/92, s. 19.]
Apportionment where proceedings tried together
9
Where 2 or more proceedings have, by order, been tried at the same time or
tried one after the other and no order has been made as to apportionment of costs, the
registrar may
a
assess 2 or more bills as one bill,
b
allow an item once or more than once, or
c
apportion the costs of an item or of the whole bill between the
proceedings.
[en. B.C. Reg. 10/92, s. 20.]
Offer to settle bill of costs
10
A party to an assessment may deliver to another party an offer to settle the
amount of the bill of costs in Form 118 and, after the assessment has been completed, may
produce the offer to the registrar, and the registrar shall determine whether the offer
should have been accepted and, if so, may disallow items of the Tariff which relate to the
assessment to the party presenting the bill, and
a
allow, by way of set off, items of the Tariff which relate to the
assessment to the party making the offer, or
b
allow double the value of items of the Tariff which relate to the
assessment to the party presenting the bill and making the offer.
[en. B.C. Reg. 10/92, s. 20.]
Transitional
11
This Appendix, as it read on December 31, 2006, applies to
a
orders for costs made before January 1, 2007,
b
settlements reached before January 1, 2007 under which payment of assessed
costs is agreed to,
c
costs payable on acceptance of an offer to settle made under Rule 37, if
that offer to settle was made before January 1, 2007, and
d
all assessments related to those orders, settlements and
costs.
[en. B.C. Reg. 120/2006, Sch. 2, s. 3.]
SCHEDULE 1
Item
1
If the amount involved is
(a) less than $5 000
.....................................................................................................................
$160
(b) $5 000 or more, but less than $15 000
.................................................................................
240
(c) $15 000 or more, but less than $25 000
................................................................................
320
(d) $25 000 or more, but less than $35 000
...............................................................................
400
(e) $35 000 or more, but less than $45 000
................................................................................
480
(f) $45 000 or more, but less than $55 000
................................................................................
560
(g) $55 000 or more, but less than $65 000
...............................................................................
620
(h) more than $65 000
..................................................................................................................
680
2
If no amount is involved
............................................................................................................
320
3
And in addition, disbursements.
SCHEDULE 2
Item
1
If the amount involved is
(a) less than $5 000
......................................................................................................................
$30
(b) $5 000 or more, but less than $15 000
..................................................................................
50
(c) $15 000 or more, but less than $25 000
................................................................................
75
(d) $25 000 or more, but less than $35 000
................................................................................
100
(e) $35 000 or more, but less than $45 000
................................................................................
125
(f) $45 000 or more, but less than $55 000
.................................................................................
150
(g) $55 000 or more, but less than $65 000
................................................................................
170
(h) more than $65 000
..................................................................................................................
185
2
If no amount is involved
.............................................................................................................
95
3
And in addition, disbursements.
Schedule 3
Item
1
If the application is unopposed
(a)
Scale A
$240
(b)
Scale B
440
(c)
Scale C
680
And, in addition,
(d)
in lieu of disbursements
$120
(e)
if one or more taxes is payable in respect of legal services by the
party entitled to costs, an additional amount to compensate for that tax, which
additional amount must be determined by multiplying the amount of costs to which the
party is entitled under this Item by the aggregate of the percentage rates of the
taxes.
2
If the application is opposed and requires 1/2 a day or less for the
hearing
(a)
Scale A
$300
(b)
Scale B
550
(c)
Scale C
850
And, in addition,
(d)
in lieu of disbursements
$120
(e)
if one or more taxes is payable in respect of legal services by the
party entitled to costs, an additional amount to compensate for that tax, which
additional amount must be determined by multiplying the amount of costs to which the
party is entitled under this Item by the aggregate of the percentage rates of the
taxes.
3
If the application is opposed and requires more than 1/2 a day for
the hearing
(a)
Scale A
$540
(b)
Scale B
990
(c)
Scale C
1 530
And, in addition,
(d)
in lieu of disbursements
$120
(e)
if one or more taxes is payable in respect of legal services by the
party entitled to costs, an additional amount to compensate for that tax, which
additional amount must be determined by multiplying the amount of costs to which the
party is entitled under this Item by the aggregate of the percentage rates of the
taxes.
TARIFF
[am. B.C. Regs. 387/90, s. 7; 10/92, s. 21; 101/2001, s. 9; 83/2002, Sch. s. 13;
120/2006, Sch. 2, s. 3 (k) to (r).]
Item
Description
Units
Instructions and investigations
1A
Correspondence, conferences, instructions, investigations or
negotiations by a party until the commencement of the proceeding, for which provision is
not made elsewhere in this tariff.
Minimum
Maximum
1
10
1B
Correspondence, conferences, instructions, investigations or
negotiations by a party after the commencement of the proceeding to the completion of
the trial or hearing, for which provision is not made elsewhere in this tariff.
Minimum
Maximum
10
30
1C
Correspondence, conferences, instructions, investigations or
negotiations by a party after the trial or hearing to enforce any final order obtained
in that trial or hearing, for which provision is not made elsewhere in this tariff.
Minimum
Maximum
1
10
2
Instructions to an agent to appear at a trial, hearing,
application, examination, reference, inquiry, assessment, or other analogous proceeding,
where necessary or proper, and where held more than 40 km from the place where the
instructing solicitor carries on business.
1
Pleadings
3
All process, for which provision is not made elsewhere in this
tariff, for commencing and prosecuting a proceeding.
Minimum
Maximum
1
10
4
All process, for which provision is not made elsewhere in this
tariff, for defending a proceeding, and for commencing and prosecuting a counterclaim.
Minimum
Maximum
1
10
5
All process for which provision is not made elsewhere in this
tariff for commencing and prosecuting or defending a third party proceeding.
Minimum
Maximum
1
10
6
Defence to counterclaim and, where necessary, reply.
Minimum
Maximum
1
10
6A
Process for obtaining particulars.
Minimum
Maximum
1
3
6B
Process for supplying particulars.
Minimum
Maximum
1
3
Discovery
7
Process for obtaining discovery and inspection of documents.
(a) 1 to 999 documents
(a) Minimum
Maximum
1
10
(b) 1000 to 5000 documents
(b) Minimum
Maximum
10
20
(c) over 5000 documents
(c) Minimum
Maximum
10
30
8
Process for giving discovery and inspection of documents.
(a) 1 to 999 documents
(a) Minimum
Maximum
1
10
(b) 1000 to 5000 documents
(b) Minimum
Maximum
10
20
(c) over 5000 documents
(c) Minimum
Maximum
10
30
9
Process for delivering interrogatories
Minimum
Maximum
1
10
10
Process for answering interrogatories.
Minimum
Maximum
1
10
11
Process for delivering notices to admit.
Minimum
Maximum
1
5
12
Process for making admission of facts.
Minimum
Maximum
1
5
13
Process for preparation of accounts, statement of property or
financial information where required by enactment or by order of court.
Minimum
Maximum
1
10
Expert Evidence and Witnesses
13A
All process and correspondence associated with retaining and
consulting all experts for the purposes of obtaining opinions for use in the proceeding.
Minimum
Maximum
1
10
13B
All process and correspondence associated with contacting,
interviewing and issuing subpoenas to all witnesses.
Minimum
Maximum
1
10
Examinations
14
Preparation for examination of a person coming under Item 15 for
each day of attendance
(a) by party conducting examination.
(b) by party being
examined.
4
3
15
Attendance on examination of a person for discovery, on affidavit,
upon a subpoena to debtor, or in aid of execution, or of a person before trial under
Rule 28 or 38, or any other analogous proceeding, for each day
(a) by party
conducting examination.
(b) by party being examined.
8
5
Applications, Hearings and Conferences
16
Preparation for an application or other matter referred to in Item
17, for each day of hearing where hearing commenced
(a) where unopposed.
(b)
where opposed.
2
3
17
Interlocutory application or other application for which provision
is not made elsewhere in this tariff, for each day
(a) where unopposed.
(b)
where opposed
4
5
17.1
Preparation for a hearing referred to in Item 17.2, for each day of
hearing.
3
17.2
Reference to, or inquiry, assessment, accounting or hearing before,
or on appeal from, a master, registrar or special referee, with or without witnesses and
whether before or after judgment, for each day.
6
18
Preparation for an application or other matter referred to in Item
19, for each day of hearing.
(a) if unopposed
(b) if opposed
4
5
19
Hearing of proceeding including originating application, special
case, proceeding on a point of law, interpleader or any other analogous proceeding, and
applications for judgment under Rules 18, 18A and 31 (6), for each day.
(a) if
unopposed
(b) if opposed
6
10
19A
Preparation for a hearing referred to in Item 17 (b), 17.2 or 19
(b), which hearing was initially contested but for which no attendance was required as a
result of an agreement reached as to the issues that would have been the subject of the
hearing.
(a) for a hearing referred to in Item 17 (b)
2
(b) for a hearing referred to in Item 17.2
2
(c) for a hearing referred to in Item 19
4
20
Preparation for attendance referred to in Item 21, for each day of
attendance.
2
21
Attendance before a registrar to settle an order or to assess
costs, for each day.
4
22
Preparation for attendance referred to in Item 23, for each day of
attendance
Minimum
Maximum
1
3
23
Attendance at a pre-trial, settlement conference, judicial case
conference or mini-trial, for each day.
Minimum
Maximum
1
5
Applications, Hearings and Conferences
23A
All process for obtaining the comments and recommendations of the
Public Guardian and Trustee.
Minimum
Maximum
1
10
Trial
24
Preparation for trial, if proceeding set down for each day of trial
5
25
Attendance at trial of proceeding or of an issue in a proceeding,
for each day.
10
26
Written argument
Minimum
Maximum
1
10
26.1
Preparation of an outline under Rule 51A
Minimum
Maximum
1
3
27
Attendance at the court for trial or hearing where party is ready
to proceed and when trial or hearing not commenced.
3
28
Attendance to speak to trial or hearing list.
1
Attendance at Registry
29
Process for payment into or out of court.
1
30
(a) process for setting down proceeding for trial, and
(b)
where case management program filed.
1
1
31
Process relating to entry of an order or a certificate of costs
when Item 21 or 34 does not apply.
1
32
All process, for which provision is not made elsewhere in this
tariff, relating to execution upon or enforcement of an order, exclusive of any
application to the court.
1
Miscellaneous
33
Conduct of sale where property sold by order of court.
Minimum
Maximum
1
10
34
Negotiations, including mediation, and process for settlement,
discontinuance, or dismissal by consent of any proceeding if settled, discontinued, or
dismissed by consent as a result of the negotiations.
5
34A
Attendance at mediation, per day.
5
34B
Preparation for a mediation, for each day of attendance.
3
34C
Preparation for a mediation if the mediation is not held due to a
reason other than the party's refusal, failure or neglect to attend.
3
35
Repealed. [B.C. Reg. 83/2002, Sch. s. 13 (f).]
1
36
Travel by a solicitor to attend at any trial, hearing, application,
examination, reference, inquiry, assessment, or other analogous proceeding where held
more than 40 km from the place where the solicitor carries on business, for each day
upon which solicitor travels.
2
In addition, reasonable travelling and subsistence expenses shall
be allowed as a disbursement.
Appendix C
Schedule 1
[en. B.C. Reg. 75/98, s. 1; am. B.C. Regs. 266/98; 99/2000; 11/2003; 201/2004, ss.
1 and 15;
460/2004; 252/2005; 287/2005.]
Fees Payable to the Crown
(Unless otherwise provided by Statute)
In the Court of Appeal
$
1
For filing a notice of appeal or a notice of an
application for leave to appeal
291
2
For filing an application to be heard by a Justice of
the Court of Appeal excluding an application for leave to appeal
104
3
For filing an application to be heard by 3 or more
justices if the application is not returnable to the hearing of the appeal
208
4
For filing a certificate of readiness
291
5
For filing a book of authorities, other than a book of
authorities filed jointly by 2 or more counsel of record
52
6
For each half day spent in whole or in part on the
hearing of an appeal, unless the hearing is for judgment only, payable by the party who
files the certificate of readiness, unless the court orders payment by another party
156
In the Supreme Court of British Columbia
$
7
For commencing a proceeding in the Supreme Court that
is not an appeal under Rule 53 (6) or an application under section 78, 81, 83 or 87 of
the Legal Profession Act
208
8
For filing a statement of defence including a statement
of defence to a counterclaim and a statement of defence to third party
notice,
(a)
if a counterclaim is not included in the same record
26
(b)
if a counterclaim is included in the same record
208
9
For filing a counterclaim separately from a statement
of defence
208
10
For filing a third party notice
156
11
For filing an interlocutory application, including
applications under Rule 18A whether by motion or requisition, or any other application
for which a fee is not payable under this Schedule
62
12
For filing a notice of trial or hearing if proceedings
are set down on the trial list
208
13
For resetting a trial or hearing if proceedings are set
down on the trial list, except where the matter must be reset due to the unavailability
of a judge
200
14
For hearing a trial, unless the hearing is for judgment
only, payable by the party who files the notice of trial, unless the court orders
payment by another party
(a)
if the time spent on the hearing is 1/2 day or less
156
(b)
if the time spent on the hearing is more than 1/2 day
(i)
for each of the first 5 days spent, in whole or in part, on the
hearing
312
(ii)
for each additional day spent after the first 5 days, in whole or
in part, on the hearing
416
(iii)
for each additional day spent after the first 10 days, in whole or
in part, on the hearing
624
15
For filing a written agreement as provided for in
section 122 of the Family Relations Act
31
16
Repealed. [B.C. Reg. 99/2000.]
17
For filing a requisition for judgment in default of
appearance or defence
78
Registrars and Special Referees
$
18
For filing any appointment for a hearing before a
Registrar or Special Referee but not including a hearing, inquiry or reference under the
Court Order Enforcement Act
52
19
For a Registrar's or Special Referee's hearing, unless
the hearing is for reasons for decision only, payable by the party who files the
appointment unless the court or registrar orders payment by another party
(a)
if the time spent on the hearing is more than 1/2 day
but not more than one day
78
(b)
if the time spent on the hearing is more than 1 day
(i)
for each of the first 4 days spent, in whole or in part, on the
hearing
156
(ii)
for each additional day spent after the first 4 days, in whole or
in part, on the hearing
208
(iii)
for each additional day spent after the first 10 days, in whole or
in part, on the hearing
312
Probate, Administration and Resealing
$
20
In addition to the fee payable under item 7, for every
grant or ancillary grant of probate and administration, and on every resealing under the
Probate Recognition Act, but not on a grant de bonis non,
a cessate grant, or a double probate, if the gross value of all the real and personal
property of the deceased situated in British Columbia that passes to the personal
representative at the date of death exceeds $25 000, whether disclosed to the court
before or after the grant is issued or resealed,
(a)
for each $1 000 or part of $1 000 by which the gross
value of that real and personal property exceeds $25 000 but is not more than $50 000,
the sum of
6
(b)
for each $1 000 or part of $1 000 by which the gross
value of that real and personal property exceeds $50 000, the sum of
14
No fee is payable under item 7 or this item to file for
and obtain a grant of letters probate or administration if a person dies leaving an
estate not exceeding $25 000 in value.
The fee payable under this item or item 7 is calculated
on the values deposed to by or on behalf of a personal representative in the Statement
of Assets, Liabilities and Distribution exhibited to the affidavit leading to the grant
as required by the Rules of Court.
21
For filing a caveat
73
22
For filing the records required for the issue of a
citation
21
Enforcement and Execution
$
23
For filing the records required for the issue of a writ
of execution, or a garnishing order before or after judgment, not including an
application to the court
80
24
For filing the records required for the issue of a
subpoena to debtor
73
Generally, in any Court
$
25
For taking or swearing an affidavit for use in the
court unless
(a)
the deponent swears the affidavit in the course of his
or her duties as a peace officer or as an agent or officer of the Province,
(b)
the affidavit is sworn for the purpose of enforcing a
maintenance or support order, or
(c)
provision is made elsewhere for a fee for that service
31
26
For a search of a record, other than
(a)
an electronic search conducted from outside the
registry, or
(b)
a search of a record of a proceeding by
(i)
a party to that proceeding,
(ii)
a party's solicitor, or
(iii)
an official reporter who, or a representative of a transcription
firm that, is retained by a party to produce a transcript of the proceeding
8
26.1
For returning by mail, fax or electronic mail the
results of a search of a record, the aggregate of the following:
(a)
fee for returning the results
10
(b)
cost per page faxed
1
26.2
For accessing from outside the registry, including,
without limitation, viewing, printing or downloading, any record that is found by or
created in response to an electronic search or request, including, without limitation,
an index of cases produced in response to a search query
6
27
For copies, per page
1
28
For
(a)
a certified copy of a document of record
(i)
for 10 pages or less
31
(ii)
for each additional page over 10 pages, per page
6
(b)
issuing a certificate of judgment
31
(c)
issuing a certificate of pending litigation or other
certificate not otherwise provided for
31
(d)
a copy, produced by the registry, of a transcript filed
within 5 years of the request, per page
3.50
29
Repealed. [B.C. Reg. 11/2003, s. (b).]
29.1
For returning by mail or by fax a
confirmation of filing or rejection of a document submitted by fax to a fax filing pilot
project registry
10
30
For each payment into or out of court, except in a
proceeding to which item 1, 7 or 11 applies
42
31
For rental of a room for examination for discovery, per
day
104
Despite anything in this schedule, if, after consultation with the Chief Justice,
the Crown enters into an agreement with a person under which the person is authorized to
access one or both of registry records and specified registry services and is exempted from
payment of any or all of the fees provided under Items 26, 26.1, 26.2 and 27 for such
access, the person may, on payment of any fee required under the agreement and on compliance
with any other terms and conditions imposed by the agreement, access, during the term of the
agreement, the registry records and registry services to which the agreement applies without
payment of the fees from which the person is exempted under the agreement.
Indigency status
S1
1
If the court, on summary application before or after the commencement of a
proceeding, finds that a person is indigent, the court may order that no fee is payable
to the Crown by the person to commence, defend or continue the whole or any part of the
proceeding unless the court considers that the claim or defence
a
discloses no reasonable claim or defence, as the case may
be,
b
is scandalous, frivolous or vexatious, or
c
is otherwise an abuse of the process of the court.
2
An order under subsection (1) may apply to one or more of the
following:
a
a proceeding generally;
b
any part of a proceeding;
c
a specific period of time;
d
one or more particular steps in a proceeding.
3
On application or on the court's own motion, the court may review, vary or
rescind any order made under subsection (1) or (2).
4
Despite anything in this Schedule, if the court makes an order in relation
to a person under this section, no fee is payable to the Crown by that person in
relation to the proceeding, part of the proceeding, period of time or steps to which the
order applies.
In addition to any other fees payable under this Schedule, a further fee of
$7.00 must be paid for transmitting a document package to a registry through the
electronic filing service of Court Services Online. For the purposes of this provision, a
"document package" is any document or, if a group of documents is transmitted at one time
in relation to the same court file, that group of documents.
Schedule 2
[en. B.C. Reg. 534/95; am. B.C. Regs. 439/97; 75/98, s. 2; 461/2004; 372/2008.]
Fees Payable to the Sheriff
1
For service
$
(a)
receiving, filing, serving on one person and returning
any process together with an affidavit of service or attempted service
100
(b)
each additional party served at the same address
20
(c)
each additional party served not at the same address
30
1.1
Non-refundable deposit for civil jury trial
1 000
2
For arrest or execution on goods and chattels
(a)
for every arrest, execution or similar writ or order
120
(b)
for attending, investigating, inventorying,
cataloguing, taking possession, preparing for sale, per hour for each sheriff involved
75
(c)
as commission on the sum realized, or on the sum
settled for, as the case may be, net of disbursements properly incurred
(i)
if that net sum is $10 000 or less
10%
(ii)
if that net sum is more than $10 000 but is less than $100 000
$1 000
plus 2 1/2% on the
amount in excess of $10 000
(iii)
if that net sum is $100 000 or over
$3 250
plus 1% on the
amount in excess of $100 000
(d)
the amount of the commission payable under paragraph
(c) must be reduced by 50% if an auctioneer, broker or other individual sells the goods
and chattels for the sheriff and receives a fee or commission for doing so
3
For lien and recovery actions
(a)
executing a lien other than a repairer's lien or for
recovering specific property other than land if the execution or recovery is
accomplished in whole or in part
175
(b)
attending, investigating, inventorying, cataloguing,
taking possession, per hour for each sheriff involved
75
4
For sale or possession of land
(a)
for executing an order for sale or possession of land,
in part or in whole
150
(b)
for attending, investigating, inventorying,
cataloguing, taking possession, preparing for sale, per hour for each sheriff involved
60
(c)
as commission on the sum realized, or on the sum
settled for, as the case may be, net of disbursements properly incurred
(i)
if that net sum is $10 000 or less
10%
(ii)
if that net sum is more than $10 000 but is less than $100 0000
$1 000
plus 2 1/2% on the
amount in excess of $10 000
(iii)
if that net sum is $100 000 or over
$3 250
plus 1% on the
amount in excess of $100 000
5
For arrest of ships
(a)
for every warrant or order to arrest a ship, including
release
175
(b)
for attending, investigating, inventorying,
cataloguing, taking and maintaining possession, preparing for sale, per hour for each
sheriff involved
75
6
For a search made by a sheriff including the
certificate of result
10
7
For taking or swearing an affidavit for use in the
court unless the deponent swears the affidavit in the course of his or her duties as a
peace officer or as an agent or officer of the Province
30
8
In respect of each of the foregoing items except item
1, the sheriff must be paid 50¢ for each kilometre travelled.
9
For each of the foregoing items, all disbursements
properly incurred.
Schedule 3
[en. B.C. Reg. 55/93, s. 44.]
Fees Payable to Witnesses
In all cases in which a witness is required to attend an examination, hearing or
trial, the following daily witness fees and fees for travel, meals and preparation are
payable, and shall, unless otherwise ordered, be tendered in advance by the party requiring
the attendance of the witness:
Daily witness fee
1
For any witness, other than a party or a present officer, director or partner
of a party to a proceeding, for each day or part of a day, a daily witness fee of $20. A
witness who is a party or a present officer, director or partner of a party to the
proceeding is not entitled to a daily witness fee.
Travel
2
For any witness, where the examination, hearing or trial is held at a place
a
within 200 km by road (including any ferry route within the Provincial road
system) of where the witness resides, 30¢ per km each way by road between his or her
residence and the place of examination, hearing or trial; but no travel allowance will
be made if the distance by road between that residence and the place of examination,
hearing or trial is less than 8 km. This allowance includes ferry fares and road tolls,
or
b
more than 200 km from where the witness resides, the minimum return air
fare by scheduled airline plus 30¢ per km each way from his or her residence to the
departure airport and from the arrival airport to the place of examination, hearing or
trial.
Allowances
3
For any witness, a reasonable allowance for meal expenses made necessary by the
witness' attendance, and where the witness resides elsewhere than the place of
examination, hearing or trial and is required to remain overnight, a reasonable allowance
for overnight accommodation.
Preparation
4
For any witness other than a party or a present officer, director or partner of
a party to a proceeding, a reasonable sum shall be allowed for the time employed and
expenses incurred by the witness in preparing to give evidence, when that preparation is
necessary.
Contents
221_90_00.htm
Rules 1 to 15
221_90_01.xml
Rules 16 to 30
221_90_02.xml
Rules 31 to 45
221_90_03.xml
Rules 46 to 60
221_90_04.xml
Rules 60A to 69
221_90_05.xml
Appendix A
221_90_06.xml
Appendices B and C
221_90_07.xml