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Costs

Your Time is Worth the Same as a Lawyer's Time

Submitted by Shannon Salter on Wed, 2009-01-21 15:24

With some exceptions, the successful party in a lawsuit in British Columbia is generally awarded costs for his or her legal fees and disbursements. This means that the losing party has to pay some of the winning party's lawyer's fees, as well as the expenses to do with photocopying, printing, serving documents, etc.

But what about people who win their case without the help of a lawyer? Shouldn't they be compensated for the time and money spent preparing for court, researching the law, drafting documents, etc.? It turns out the answer is yes, according to a little-known 1995 decision of the British Columbia Court of Appeal called Skidmore v. Blackwell. In that case, the court overturned earlier decisions and found that people who represent themselves in court successfully are entitled to be compensated for their time in the same way a lawyer would be.

http://rightsandremedies.blogspot.com/2009/01/your-time-lawyers-time.html

 

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Court fees

Submitted by Anonymous on Mon, 2007-05-14 18:36
Parties in civil litigation are subject to certain mandatory fees payable to the registry of the court in which the action is commenced. Each jurisdiction within Canada has enacted legislation or regulations which authorize such fees. These fees are usually payable upon filing documents such as statements of claim, statements of defence or counterclaims, or upon bringing interlocutory applications or setting matters down for trial. Additionally, some jurisdictions charge parties for courtroom use.
The following table provides a brief overview of some of the fees associated with civil actions in the superior trial courts of each Canadian province or territory. Each jurisdiction has numerous other fees that may be payable depending on the nature of the action and the relief sought; this table merely provides an overview of the basic fees:
 
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SCC decision: January 19, 2007

Submitted by Andrew Pilliar on Fri, 2007-01-19 12:24

Little Sisters Book and Art Emporium v. Canada (Commissioner of Customs and Revenue), 2007 SCC 2
Click here to link to the full judgment.
(Advance costs / prima facie merit / impecuniosity)
Advance costs: Only "rare and exceptional" cases will be entitled to advance costs; this is a high bar.  A case must be sufficiently special that denying advance costs would be contrary to the interests of justice, the matter must relate to the individual and the public at large, and the applicant must have explored all other funding options.  If costs are granted, the litigant loses some freedom in controlling the case.  In this case, the Court found that Little Sisters did not pass the high bar and dismissed the appeal, thereby denying the application.
Majority/Concurring/Dissent: 5/2/2

 

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