Acts and Regulations

2026-28 - Judicature Act

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NEW BRUNSWICK
REGULATION 2026-28
under the
Judicature Act
2026-118
Provincial Offences Procedure Act
2026-118
Filed June 9, 2026
1Rule 59 of the Rules of Court of New Brunswick, “COSTS OF PROCEEDINGS BETWEEN PARTIES”, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act is amended
(a) in subrule .02 of Rule 59 by adding after clause (a) the following:
(a.1) whether the proceeding could have been commenced in the Small Claims Court of New Brunswick,
(b) by adding after subrule .02 of Rule 59, the following:
Costs on a Proceeding that Could Have Been Commenced in the Small Claims Court
59.021
59.021(1)If the court renders a decision or makes an order after the trial of an action or the hearing of an appeal and determines that the proceeding could have been commenced in the Small Claims Court of New Brunswick, and costs are awarded to the plaintiff, Tariff A does not apply and the court shall fix the costs relating to fees for solicitors’ services in an amount not exceeding the amount set out in subsection 59(4) of the General Regulation under the Small Claims Act.
59.021(2)If the court renders a decision or makes an order after the hearing of a motion for summary judgment and determines that the proceeding could have been commenced in the Small Claims Court of New Brunswick, Tariff E does not apply and no costs relating to fees for solicitors’ services shall be awarded by the court to the plaintiff.
59.021(3)If the clerk signs a default judgment under Rule 21.04 and determines that the proceeding could have been commenced in the Small Claims Court of New Brunswick, Tariff B does not apply and the clerk shall fix the costs relating to fees for solicitors’ services in an amount not exceeding  $250.
(c) by repealing the heading “59.03 Costs on a Contested Motion” preceding subrule .03 of Rule 59;
(d) by repealing subrule .03 of Rule 59;
(e) in subrule .06 of the English version of Rule 59
(i) in paragraph (1) by striking out “his” and substituting “the successful party’s”;
(ii) by repealing paragraph (2) and substituting the following:
59.06(2)Unless ordered otherwise, if a litigation guardian is ordered to pay costs, the litigation guardian is entitled to recover the costs paid from the person under disability for whom the litigation guardian has acted.
(f) in subrule .07 of the English version of Rule 59
(i) in paragraph (1) by striking out “he” and “his” and substituting “the party” and “the party’s”, respectively;
(ii) in paragraph (2) by striking out “his”;
(g) in subrule .08 of Rule 59
(i) by repealing paragraph (1) and substituting the following:
59.08(1)Subject to Rules 59.01, 59.02 and 59.021, on rendering a decision or making an order after the trial of an action or the hearing of an appeal, the court shall fix the costs relating to fees for solicitors’ services in accordance with Tariff A and direct by whom and to whom they are to be paid.
(ii) by adding after paragraph (1) the following:
59.08(1.1)Subject to Rules 59.01, 59.02 and 59.021, on rendering a decision or making an order after the hearing of a motion or an application, the court shall fix the costs relating to fees for solicitors’ services in accordance with Tariff E and direct by whom and to whom they are to be paid.
(iii) by repealing paragraph (2) and substituting the following:
59.08(2) Subject to Rule 59.021, on signing a default judgment under Rule 21.04, the clerk shall fix the costs relating to fees for solicitors’ services in accordance with Tariff B.
(iv) in paragraph (3) of the English version by striking out “he” wherever it appears and substituting “the assessing officer”;
(v) in paragraph (5) of the English version by striking out “he” and “his” and substituting “the person” and “their”, respectively;
(vi) in paragraph (7) by striking out “or where Rule 26.05(10), 49.09(2) or 62.15.1(9) applies”;
(vii) by repealing paragraph (8) of the English version and substituting the following:
59.08(8)Unless ordered otherwise, a party who is entitled to costs or a proportion of costs is entitled on the same basis to disbursements assessed in accordance with Tariff D.
(viii) in paragraph (8.1) in the portion preceding clause (a) by striking out “Tariff ‘A’, ‘B’ or ‘C’” wherever it appears and substituting “Tariff A, B, C or E”;
(h) in subrule .10 of Rule 59 by adding after paragraph (2) the following:
59.10(3)Subject to Rules 59.01, 59.02 and 59.021, the assessing officer may, in the assessing officer’s discretion, allow or refuse costs on assessment for a proceeding or a step in a proceeding.
(i) in subrule .11 of the English version of Rule 59
(i) in paragraph (1) by striking out “him” and substituting “the assessing officer”;
(ii) in paragraph (3) by striking out “his” and substituting “a”;
(iii) in paragraph (6) by striking out “him” and “his” and substituting “the assessing officer” and “the”, respectively;
(j) in subrule .12 of the English version of Rule 59
(i) in paragraph (1) by striking out “his” wherever it appears and substituting “the sheriff’s”;
(ii) in paragraph (2) by striking out “he” and substituting “the sheriff”;
(k) in subrule .13 of the English version of Rule 59
(i) in paragraph (1)
(A) in clause (a) by striking out “his” and substituting “the solicitor’s”;
(B) in clause (b) by striking out “his” and substituting “the solicitor’s”;
(ii) in paragraph (3) by striking out “his” and substituting “the solicitor’s”;
(l) by repealing the table entitled “TARIFF “A” / TARIF « A »” of Rule 59 and substituting the following:
TARIFF A
COSTS RELATING TO FEES FOR
SOLICITORS’ SERVICES AWARDED IN
AN ACTION OR AN APPEAL
Amount
Involved
Scale 1
(80%
of Scale 2)
Scale 2
(Basic)
Scale 3
(120%
of Scale 2)
 
$0 − $20,000
$1,600
$2,000
$2,400
$20,000.01 −  $75,000
$3,200 + 32% of
amount over  $20,000
$4,000 + 40% of
amount over  $20,000
$4,800 + 48% of
amount over  $20,000
$75,000.01 −  $100,000
$20,800 + 20% of
amount over $75,000
$26,000 + 25% of
amount over  $75,000
$31,200 + 30% of
amount over  $75,000
$100,000.01 −  $125,000
$25,800 + 16% of
amount over $100,000
$32,250 + 20% of
amount over  $100,000
$38,700 + 24% of
amount over  $100,000
$125,000.01 −  $150,000
$29,800 + 8% of
amount over  $125,000
$37,250 + 10% of
amount over  $125,000
$44,700 + 12% of
amount over  $125,000
$150,000.01
and over
 $31,800 + 4% of
amount over  $150,000
$39,750 + 5% of
amount over  $150,000
$47,700 + 6% of
amount over  $150,000
Note:
l(1)On an appeal, the fees allowed are 40% of the sum determined under the scale above.
(m) by repealing the table entitled “TARIFF “B”” of Rule 59 and substituting the following:
TARIFF B
COSTS RELATING TO FEES FOR
SOLICITORS’ SERVICES AWARDED ON
THE SIGNING OF A DEFAULT JUDGMENT
UNDER RULE 21.04
If a default judgment is signed without a hearing, the plaintiff is entitled to the following costs awarded against the defendant:  
Amount involved
Costs awarded
 
$0 − $20,000
 $1,000
$20,000.01 − $100,000
 $1,500
$100,000.01 and over
 $2,500
(n) by repealing the table entitled “TARIFF “C”” of Rule 59 and substituting the following:
TARIFF C
COSTS RELATING TO FEES FOR
SOLICITORS’ SERVICES AWARDED IN
A PROCEEDING WHICH IS
DISCONTINUED OR SETTLED
BEFORE JUDGMENT
If a proceeding is discontinued or settled before judgment, a party entitled to costs is entitled to 33% of the sum determined under Scale 2 of Tariff A.
(o) by repealing the table entitled “TARIFF “D”” of Rule 59 and substituting the following:
TARIFF D
DISBURSEMENTS ALLOWABLE TO
A PARTY ENTITLED TO COSTS 
1.Witnesses
Attendance money payable to witnesses, excluding expert witnesses and parties to the action, unless the party is required to attend under Rule 55.05:
(1)the minimum wage* for 8 hours or for the number of hours that the witness is required to attend, whichever is greater;
(2)if a witness is required to travel, reasonable travel expenses, including but not limited to, mileage** and airfare; and
(3)if a witness is required to remain at the place of trial overnight, reasonable expenses for accommodations.
*The hourly minimum wage is the rate prescribed in the Minimum Wage Regulation − Employment Standards Act.
**Mileage is the kilometric rate set in the Travel Expenses Policy issued by the Treasury Board, as amended from time to time.
2.Reasonable expenses necessarily incurred for the conduct of the proceeding, in an amount the assessing officer considers reasonable, including but not limited to:
(1)attendance money paid to a witness under section 1 of this Tariff;
(2)the cost of the following, when necessary to understand the evidence:
(a)plans;
(b)models;
(c)photographs;
(3)the cost of the following documents if intended to be used at trial and supplied to the other parties at least 10 days before the trial, unless the proceeding is disposed of beforehand:
(a)medical reports;
(b)hospital records;
(c)reports of experts;
(4)fees paid to an expert witness who gives evidence, including fees for reasonable preparation time;
(5)fees paid to an interpreter for services at trial or on an examination, including a discovery;
(6)travelling and accommodation expenses incurred by a party in attending a trial or an examination, including a discovery;
(7)the cost of copies of documents or authorities prepared for the use of the court and supplied to the opposite party;
(8)the cost of certified copies of documents such as judgments, orders, birth, marriage and death certificates, abstracts of title, deeds, mortgages and other registered documents if made exhibits;
(9)the cost of transcripts when required by the court or the Rules, or if they were reasonably required for the preparation for trial or necessary to the understanding of the evidence;
(10)fees paid for necessary personal service of documents;
(11)fees paid to a clerk;
(12)fees paid to the Registrar; and
(13)fees paid to a sheriff.
(p) by adding after the table entitled “TARIFF “D”” of Rule 59 the following:
TARIFF E
COSTS RELATING TO FEES FOR
SOLICITORS’ SERVICES AWARDED
FOLLOWING THE HEARING OF
A MOTION OR APPLICATION
The following guidelines apply for costs awarded following the hearing of a motion or application:
1.Costs shall be assessed by the presiding judge at the time an order is made after the hearing of a motion or application.
2.Despite guideline 1, if a motion or application involves the final disposition of a matter or if consideration of an offer to settle under Rule 49 may arise, the presiding judge may, on request of a party, defer the assessment of costs until after a decision on the merits has been rendered.
3.Unless ordered otherwise, the costs awarded are payable without delay.
4.In the exercise of discretion to award costs following the hearing of a motion or application, the presiding judge may award costs that are just and appropriate in the circumstances. The presiding judge may multiply the maximum amounts in the range of costs set out in this tariff by 2 to 6 times, depending on the following factors:
(1)the complexity of the matter;
(2)the importance of the matter to the parties;
(3)the reasonableness of the parties;
(4)the amount of time and effort involved in preparing for and conducting the hearing;
(5)the amount involved; and
(6)whether the proceeding is determinative of the entire matter.
5. For each day of hearing in excess of one day,  $1,500 shall be added to the amount awarded in the range of costs set out in this tariff.
Type of motion
Range of Costs
  
  
Procedural motions heard in one day or less*
 
 $750 − $1,500
Other motions heard in one day or less
 
$2,000 − $3,000
Motions for summary judgment, mini trial or applications heard in one day or less
 
$2,500 − $4,000
Note: *Procedural motions in the context of this tariff include those motions where any of the following relief or comparable relief is sought:
1.an order for the production of undertakings;
2.an order for an extension of time for service;
3.an order for the appointment of a representative (Rule 11);
4.an order for the removal of a solicitor from the record (Rule 17.04);
5.an order for substituted service (Rule 18.04);
6.an order for the filing of an Affidavit of Documents or a supplementary Affidavit of Documents (Rule 31.03 or Rule 31.06);
7.an order for the production for inspection of documents (Rule 31.04 or 31.11);
8.an order for an examination for discovery, including an order under Rule 32.10 or 32.12; and
9.an order with respect to an objection on an examination for discovery (Rule 33.10(2)(c)).
2Paragraph .09(1) of Rule 49, “OFFER TO SETTLE”, is amended by striking out “Rule 59.08(1)” and substituting “Rule 59.08(1) or (1.1), as the case may be”.
3Paragraph .11(1) of Rule 79, “SIMPLIFIED PROCEDURE”, is amended by striking out “Scales 2 to 5” and substituting “Scales 2 and 3”.
4Form 58A of the Appendix of Forms to the Rules of Court is amended in the English version
(a) by striking out “his” and substituting “the applicant’s”;
(b) by striking out “by him in his trust account” and substituting “in the solicitor’s trust account”.
5Form 58B of the Appendix of Forms to the Rules of Court is amended in the English version
(a) by striking out “by him in his trust account” and substituting “in the solicitor’s trust account”;
(b) by striking out “his” and substituting “the appellant’s”;
6Form 59A of the Appendix of Forms to the Rules of Court is amended by striking out “19.....” wherever it appears and substituting “20.....”.
7Form 59B of the Appendix of Forms to the Rules of Court is amended by striking out “19.....” wherever it appears and substituting “20.....”.
8Form 59C of the Appendix of Forms to the Rules of Court is amended by striking out “19.....” and substituting “20.....”.