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MEMORANDUM TO THE BAR

with respect to

COSTS AND THE APPLICATION OF TARIFF ‘A’ – DEFAULT JUDGMENTS

Effective January 1, 2002 various changes to the Rules of Civil Procedure came into force, including changes to cost rules. The new Cost Grid which has been established replaces Part I of Tariff ‘A’ dealing with solicitors’ fees and disbursements. To assist Registrars in Kingston and Napanee in applying the new tariff when ‘fixing costs’ and signing default judgments, I have issued the following directive, which is reproduced here for your information:

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Direction and Guidelines as to Fixing of Costs on Default Judgments

The Registrar shall review the Bill of Costs and “fix” costs as follows:

  1. The Solicitors may claim up to 3 hours of time for the research, preparation of and amendments to the statement of claim, obtaining default judgment and any other court documents prior to judgment. Using the number of years of service indicated by the Solicitor, apply the following scale to fix the fees:
Years of Service Partial Indemnity Scale Total for 3 Hours
Lawyer (less than 10 years) Up to $225.00 per hour $675.00
Lawyer (10 or more but less than 20 years) Up to $300.00 per hour $900.00
Lawyer (20 years and over) Up to $350.00 per hour $1050.00
  1. All disbursements in the Schedule of Fees (Under the Administration of Justice Act) as well as all other reasonable disbursements. Receipts and proof of payment are not required. Disbursements will vary but may include the following examples:
  • $157.00 To issue the statement of claim or notice of action
  • $100.00 To serve the documents, for each person to be served (if the solicitor provides an invoice that is higher than this tariff – the actual cost may be claimed
  • $90.00 To issue default judgment by registrar
  • $50.00 Payment for LPIC Transaction Levy Surcharge
  • Payment for Copies of Documents or Authorities
  • Payment for facsimiles
  • Payment for Postage
  • Long distance telephone charges
  • GST on disbursements

Note: If the total disbursements exceed $1,000.00 direction from the Administrative Justice should be sought.

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When a requisition for the signing of default judgment is submitted, the Solicitor shall also submit a Bill of Costs and include their years of experience.

If there are any questions or comments with respect to this directive, please do not hesitate to forward them to me.

DATED at Kingston this day of January, 2003.

________________________________

MADAM JUSTICE HELEN MacLEOD
ADMINISTRATIVE JUSTICE


MEMORANDUM TO THE BAR

with respect to

COSTS AND THE APPLICATION OF TARIFF ‘A’ – ENFORCEMENT DOCUMENTS

Effective January 1, 2002 various changes to the Rules of Civil Procedure came into force, including changes to cost rules. The new Cost Grid which has been established replaces Part 1 of Tariff ‘A’ dealing with solicitors’ fees and disbursements. To assist Registrars in Kingston and Napanee in applying the new tariff when ‘fixing costs’ on enforcement documents, I have issued the following guidelines, which are reproduced here for your information:

* * *

Direction and Guidelines as to Fixing of Costs on Enforcement Documents

The Registrar shall review the Bill of Costs and “fix” costs as follows:

The Solicitors may claim 1 hour of time when issuing or renewing a writ of execution or notice of garnishment, seizure under writ of execution, seizure and sale under writ of execution, notice of garnishment, or for any other enforcement authorized by the Rules of Civil Procedure.

  1. Using the number of years of service indicated by the Solicitor, apply the following scale to fix the costs:
Years of Service Partial Indemnity Scale
Lawyer (less than 10 years) Up to $225.00 per hour
Lawyer (10 or more but less than 20 years) Up to $300.00 per hour
Lawyer (20 years and over) Up to $350.00 per hour

When the enforcement document is submitted to the registrar, the Solicitor shall also submit a Bill of Costs and include their years of experience.

If there are any questions or comments with respect to this directive, please do not hesitate to forward them to me.

DATED at Kingston this 10 day of November, 2003.

 

______________________________________

MADAM JUSTICE HELEN MacLEOD
ADMINISTRATIVE JUSTICE FOR KINGSTON AND NAPANEE

 

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