Acts and Regulations

Rule-78 - FEES

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Full text
Current to 1 January 2024
FEES
RULE 78
FEES
78.01Court of King’s Bench
2022-86
Fees shall be paid to the clerk, as follows:
(a) on commencement of an action or filing a counterclaim, cross-claim or third party claim..............$100.00
(a.01) on filing a Motion to Vary or Motion to Change a final order under the Divorce Act (Canada) or the Family Law Act or a Consent Motion to Vary or Consent Motion to Change a final order under either of those Acts.............. $0.00
(a.1) on commencement of a proceeding, other than a proceeding referred to in clause (a) or (a.01)..............$75.00
(b) on filing a Statement of Defence..............$50.00
(c) on filing an application or petition in a proceeding in which no Notice of Action or Notice of Application is issued..............$35.00
(d) on filing an appeal from the Provincial Court to the Court of King’s Bench..............$25.00
(e) on filing any document in a matter in which no fee has been paid under clause (a), (b), (c) or (d), an amount to be determined by the clerk in the discretion of the clerk but not exceeding..............$10.00
(f) on refiling any document when the document has been returned due to incorrect completion..............$10.00
(g) on setting an action or a matter down for trial..............$75.00
(h) for a certificate, excluding copied material..............$10.00
(i) for photocopying, 50 cents per page
(j) on payment in or out of court..............$10.00
(k) on a search..............$10.00
98-43; 2022-86; 2023-8
78.02Court of Appeal
Fees shall be paid to the Registrar, as follows:
(a) on filing a Notice of Appeal or any other document commencing a proceeding in the Court of Appeal..............$50.00
(b) on filing an Appellant’s Submission..............$50.00
(c) on filing a Respondent’s Submission..............$25.00
(d) on certifying a case on appeal to the Supreme Court of Canada..............$50.00
(e) on refiling any document when the document has been returned due to incorrect completion..............$10.00
(f) for certificates, photocopies, searches and filing documents in a matter in which no fee has been paid under clause (a) or (d), the same fees as are payable to a clerk under Rule 78.01.
78.03When Fees Not Payable
(1)The fee prescribed under clause 78.01(e) is not payable on the filing of
(a) an order under subsection 741(1) of the Criminal Code (Canada), or
(b) any document for the purpose of enforcing a forfeiture or the payment of a fine under any act of the Province or Canada.
(2)The fees prescribed under this rule are not payable by
(a) a party represented by a solicitor who is an agent of the Attorney General of New Brunswick,
(b) a party whose legal services in a proceeding are paid for under a legal aid program, or
(c) the Public Trustee.
97-78; 2004-127; 2012-57
Rule 78: 85-5; 91-63