B.C. Reg. 168/2009
O.C. 302/2009
Deposited July 7, 2009
effective July 1, 2010

Court Rules Act

Supreme Court Civil Rules

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 92/2013, July 1, 2013]

Point in Time

Appendix B – Party and Party Costs

Interpretation

1  In this Appendix, "process" means the drawing, filing or service 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) If 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 must 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.

(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.

(5) 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).

(6) For the purposes of subsection (5) of this section, 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).

(7) If costs may be assessed without order or agreement, the scale of costs must be fixed by the registrar on the assessment.

(8) If an offer to settle is made under Rule 9-1, any costs payable on acceptance of that offer must be assessed under Scale B.

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) If 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) If the Tariff indicates a range of units for a Tariff Item, the registrar must have regard to the following principles:

(a) one unit is for matters on which little time should ordinarily have been spent;

(b) the maximum number of units is for matters on which a great deal of time should ordinarily have been spent.

Daily rates

4  (1) If, 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 is to be allowed for that day.

(2) If, 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 is to be increased by 1/2 of the number.

(3) If, 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 is to be allowed.

(4) If, 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.

Uncontested foreclosure proceedings

5  In a proceeding under Rule 21-7, uncontested at the hearing on any issue except costs, the costs must be assessed under Scale A.

Default judgment and process for execution

6  (1) Schedule 1 applies to the costs that may be assessed on a default judgment entered under Rule 3-8.

(2) The amount involved under subsection (1) is the amount for which the judgment is entered.

(3) If a writ of execution or garnishing order, or a process in Form 56, 58 or 59, is issued, the costs must be endorsed on the process and allowed in accordance with Schedule 2, instead of Item 42.

(4) The amount involved under subsection (3) 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.

Apportionment if proceedings tried together

7  If 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.

Offer to settle bill of costs

8  A party to an assessment may serve on another party an offer to settle the amount of the bill of costs in Form 123 and, after the assessment has been completed, may produce the offer to the registrar, and the registrar must determine whether the offer should have been accepted and, if so, may disallow items of the Tariff that relate to the assessment to the party presenting the bill, and

(a) allow, by way of set-off, items of the Tariff that relate to the assessment to the party making the offer, or

(b) allow double the value of items of the Tariff that relate to the assessment to the party presenting the bill and making the offer.

Transitional – orders, settlements and costs before 2007

9  Appendix B of the Supreme Court Rules, B.C. Reg. 221/90, 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.

Transitional – orders, settlements and costs before [date]

10  Without limiting section 9, Appendix B of the Supreme Court Rules, B.C. Reg. 221/90, as it read on June 30, 2010, applies to

(a) orders for costs made after December 31, 2006 and before July 1, 2010,

(b) settlements reached after December 31, 2006 and before July 1, 2010 under which payment of assessed costs is agreed to,

(c) costs payable on acceptance of an offer to settle made under Rule 37 or 37B, if that offer to settle was made after December 31, 2006 and before July 1, 2010, and

(d) all assessments related to those orders, settlements and costs.

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)  instead 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.  
If the application is opposed and requires 1/2 day or less for the hearing
  (a)  Scale A $300
  (b)  Scale B 550
  (c)  Scale C 850
  And, in addition,  
  (d)  instead 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.  
If the application is opposed and requires more than 1/2 day for the hearing
  (a)  Scale A $540
  (b)  Scale B 990
  (c)  Scale C 1 530
  And, in addition,  
  (d)  instead 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. Reg. 119/2010, Sch. A, s. 55.]

Item Description Units
  Instructions and investigations    
1 Correspondence, conferences, instructions, investigations or negotiations by a party until the start of the proceeding, for which provision is not made elsewhere in this tariff Minimum

Maximum
1

10
2 Correspondence, conferences, instructions, investigations or negotiations by a party after the start of the proceeding to the completion of the trial or hearing, for which provision is not made elsewhere in this tariff Minimum

Maximum
1

30
3 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
4 Instructions to an agent to appear at a trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding, if necessary or proper, and if held more than 40 km from the place where the instructing lawyer carries on business  

1
5 Process for obtaining a consent case plan order Minimum

Maximum
1

10
  Court documents    
6 All process, for which provision is not made elsewhere in this tariff, for commencing and prosecuting a proceeding Minimum

Maximum
1

10
7 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
8 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
9 Response to counterclaim and, if necessary, reply Minimum

Maximum
1

10
  Discovery    
10 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
11 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
12 Process for serving interrogatories Minimum

Maximum
1

10
13 Process for answering interrogatories Minimum

Maximum
1

10
14 Process for serving notices to admit Minimum

Maximum
1

5
15 Process for making admission of facts Minimum

Maximum
1

10
16 Process for preparation of accounts, statement of property or financial information if required by enactment or by order of court Minimum

Maximum
1

5
  Expert Evidence and Witnesses    
17 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
18 All process and correspondence associated with contacting, interviewing and issuing subpoenas to all witnesses Minimum

Maximum
1

10
  Examinations    
19 Preparation for examination of a person coming under Item 20 for each day of attendance

(a) by party conducting examination

(b) by party being examined
 

4

3
20 Attendance on examination of a person for discovery, on affidavit, on a subpoena to debtor, or in aid of execution, or of a person before trial under Rule 7-5 or 7-8, or any other analogous proceeding, for each day

(a) by party conducting examination

(b) by party being examined
 

8

5
  Applications, Hearings and Conferences    
21 Preparation for an application or other matter referred to in Item 22, for each day of hearing if hearing begun

(a) if unopposed

(b) if opposed
 

2

3
22 Application, other than an application referred to in Item 23 or 27, for each day

(a) if unopposed

(b) if opposed
 

4

5
23 Application by requisition or by written submission Minimum

Maximum
1

5
24 Preparation for a hearing referred to in Item 25, for each day of hearing  

3
25 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
26 Preparation for an application or other matter referred to in Item 27, for each day of hearing

(a) if unopposed

(b) if opposed
 

4

5
27 Hearing of proceeding, including petition, special case, proceeding on a point of law, stated case, interpleader or any other analogous proceeding, and applications for judgment under Rule 7-7 (6), 9-6 or 9-7, for each day

(a) if unopposed

(b) if opposed
 



6

10
28 Preparation for a hearing referred to in Item 22 (b), 25 or 27 (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 22 (b)

(b) for a hearing referred to in Item 25

(c) for a hearing referred to in Item 27 (b)
 

2

2

4
29 Preparation for attendance referred to in Item 30, for each day of attendance   2
30 Attendance before a registrar to settle an order or to assess costs, for each day   4
31 Preparation for attendance referred to in Item 32, for each day of attendance Minimum

Maximum
1

3
32 Attendance at a settlement conference, case planning conference or trial management conference Minimum

Maximum
1

5
  Public Guardian and Trustee    
33 All process for obtaining the comments and recommendations of the Public Guardian and Trustee Minimum

Maximum
1

10
  Trial    
34 Preparation for trial, if proceeding set down for each day of trial   5
35 Attendance at trial of proceeding or of an issue in a proceeding, for each day  

10
36 Written argument Minimum

Maximum
1

10
37 Attendance at the court for trial or hearing if party is ready to proceed and when trial or hearing not started  

3
38 Attendance to speak to trial or hearing list   1
  Attendance at Registry    
39 Process for payment into or out of court   1
40 Process for setting down proceeding for trial  

1
41 Process relating to entry of an order or a certificate of costs when Item 30 or 44 does not apply   1
42 All process, for which provision is not made elsewhere in this tariff, relating to execution on or enforcement of an order, exclusive of any application to the court  

1
  Miscellaneous    
43 Conduct of sale if property sold by order of court Minimum

Maximum
1

  10
44 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
45 Attendance at mediation, per day   5
46 Preparation for a mediation, for each day of attendance   3
47 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
48 Travel by a lawyer to attend at any trial, hearing, application, examination, reference, inquiry, assessment, or other analogous proceeding if held more than 40 km from the place where the lawyer carries on business, for each day on which the lawyer travels  

2
  In addition, reasonable travelling and subsistence expenses are to be allowed as a disbursement    

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