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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2026-01-19 and last amended on 2025-12-21. Previous Versions

TARIFF B(Rules 400 and 407)

Counsel Fees and Disbursements Allowable on Assessment

  • Marginal note:Bill of costs

    • 1 (1) A party seeking an assessment of costs in accordance with this Tariff shall prepare and file a bill of costs.

    • Marginal note:Content

      (2) A bill of costs shall indicate each assessable service, the applicable tables to this Tariff, the applicable columns and the number of units sought in accordance with those tables and, if the service is assessable based on a number of hours, it shall indicate the number of hours claimed and be supported by evidence of those hours.

    • Marginal note:Disbursements

      (3) A bill of costs shall include disbursements, including

      • (a) payments to witnesses under Tariff A; and

      • (b) any service, sales, use or consumption taxes paid or payable on counsel fees or disbursements allowed under this Tariff.

    • Marginal note:Evidence of disbursements

      (4) No disbursement, other than fees paid to the Registry, shall be assessed or allowed under this Tariff unless it is reasonable and it is established by affidavit or by the solicitor appearing on the assessment that the disbursement was made or is payable by the party.

  • Marginal note:Calculation

    • 2 (1) On an assessment, the assessment officer shall determine assessable costs by applying the formula

      A × B + C

      where

      A
      is

      • (a) the number of units allocated to each assessable service, or

      • (b) where the service is based on a number of hours, the number of units allocated to that service multiplied by the number of hours;

      B
      is the unit value as established in section 3 and adjusted in accordance with section 4; and
      C
      is the amount of assessable disbursements.

    • (2) [Repealed, SOR/2025-232, s. 7]

  • Marginal note:Unit value

    3 The unit value as at January 1, 1998 is $100.

  • Marginal note:Adjustment of unit value

    • 4 (1) On April 1 in each year, the Chief Justices of the Court of Appeal and the Federal Court, in consultation with one another, shall adjust the unit value by multiplying it by the amount determined by the formula

      A/B × 100

      where

      A
      is the Consumer Price Index for all items for Canada, as published by Statistics Canada under the authority of the Statistics Act, in respect of December of the preceding year; and
      B
      is the Consumer Price Index for all items for Canada, as published by Statistics Canada under the authority of the Statistics Act, in respect of December 1994.

    • Marginal note:Rounding of result

      (2) If a calculation under subsection (1) results in an amount that is not a multiple of 10, the resulting amount shall be rounded to the next higher amount that is a multiple of 10.

    • Marginal note:Communication of adjusted unit value

      (3) The Chief Justices shall without delay communicate adjustments to the unit value made under subsection (1) to their respective courts and to their assessment officers.

      TABLE 1

      Actions

      ItemAssessable ServiceNumber of Units
      Column 1Column 2Column 3
      1Preparation and filing of statement of claim, statement of defence, statement of defence and counterclaim, defence to counterclaim, reply and defence to counterclaim, third party claim, defence to third party claim or statement of the issues on a reference3–76–109–13
      2Preparation and filing of reply1–34–67–9
      3Preparation and filing of notice of constitutional question1–34–67–9
      4Review of notice of constitutional question1–31–51–7
      5Preparation and filing of written representations for status review or, if requested by the Court, for case management111
      6Preparation and delivery of demand for particulars1–31–61–9
      7Preparation and delivery of particulars1–31–51–7
      8Amendment to pleading if necessitated by a new or amended pleading of another party1–33–56–8
      9Preparation and issuance of documents related to the arrest of property, including an Affidavit to Lead Warrant1–31–51–7
      10Preparation and issuance of caveat release or release of arrested property111
      11Preparation and delivery of discovery plans that are ordered or directed by the Court, including amendments to those plans2–44–66–10
      12Preparation and delivery of claims charts that are ordered or directed by the Court2–44–66–10
      13Preparation and delivery of list of documents in accordance with rule 295, and production of those documents2–44–66–10
      14Preparation and delivery of affidavit of documents and production of the first 500 documents identified in Schedule 1 to Form 2231–55–99–15
      15Production of each additional grouping of up to 1,000 documents identified in Schedule 1 to Form 223, to a maximum of 10 groupings1–55–99–15
      16Review of documents produced by another party — first 500 documents1–33–56–8
      17Review of documents produced by another party — each additional grouping of up to 1,000 documents, to a maximum of 10 groupings1–33–56–8
      18Inspection of documents in accordance with subsection 228(1)1–31–31–3
      19Preparation and filing of pre-trial conference materials, including requisition for pre-trial conference and pre-trial conference memorandum1–31–51–7
      20Preparation for conference, including a case management conference, pre-trial conference or trial management conference1–23–67–11
      21Attendance at case management conference, pre-trial conference or trial management conference, for each hour (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–31–3
      22Preparation and delivery of request to admit facts or documents1–32–44–6
      23Preparation and delivery of response to request to admit facts or documents1–32–44–6
      24Preparation for examination, including examination for discovery, examination for trial out of court or examination in aid of execution, for each individual examined1–31–51–11
      25Attendance at examination, including examination for discovery, examination for trial out of court or examination in aid of execution, for each hour (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–51–7
      26Preparation of answers to undertakings, for each witness1–31–71–9
      27Review of answers to undertakings of other parties, for each witness1–31–51–7
      28Provision of instructions to expert witness and review of supporting expert witness affidavit, for each affidavit1–53–95–15
      29Review of opposing party’s expert witness affidavit, for each affidavit1–51–91–15
      30Consultation related to inspection of property in accordance with rule 249, including joint testing, under an order of the Court, and attendance at the joint testing1–31–71–13
      31Preparation and filing of trial record1–31–31–3
      32Preparation and filing of joint book requested or permitted by the Court1–33–55–9
      33Preparation and filing of condensed book, compendium or other similar written material requested or permitted by the Court1–32–43–5
      34Preparation for hearing of trial, whether or not the trial proceeds, including correspondence, preparation of witnesses, issuance of subpoenas and other services not otherwise specified in this Tariff1–54–87–11
      35Preparation for hearing of trial, for each day or part of day in Court after the first day in Court11–34–8
      36Counsel fee for attendance of first counsel at hearing of trial, for each hour in Court (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–33–5
      37Counsel fee for attendance of second counsel at hearing of trial, for each hour in Court, 50% of the units per hour allocated under item 36 (for each quarter hour or less, add 12.5% of the units per hour allocated under item 36)
      38Preparation of affidavit required by these Rules or directed by the Court and used at trial, for each affidavit1–53–55–7
      39Preparation and filing of written representations requested or permitted by the Court1–31–71–11
      40Attendance at a reference, accounting or other similar procedure not otherwise specified in this Tariff, for each hour (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–51–9
      41Travel by counsel to attend examination, conference or hearing, at the discretion of the Court1–31–51–9
      42Services after judgment not otherwise specified in this Tariff111
      43Assessment of costs1–53–76–10
      44Any other service allowed by the assessment officer or ordered by the Court11–31–5

      TABLE 2

      Applications

      ItemAssessable ServiceNumber of Units
      Column 1Column 2Column 3
      1Preparation and filing of notice of application1–33–55–7
      2Preparation and filing of notice of appearance111
      3Preparation and filing of notice of constitutional question1–34–67–9
      4Review of notice of constitutional question1–31–51–7
      5Preparation and filing of written representations for status review or, if requested by the Court, for case management111
      6Preparation for conference, including case management conference or pre-hearing conference1–23–67–11
      7Attendance at conference, including case management conference or pre-hearing conference, for each hour (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–31–3
      8Review of certified tribunal record1–33–55–7
      9Preparation and filing of written material for an objection under subsection 318(2) filed as directed by the Court, at the discretion of the Court1–31–31–3
      10Provision of instructions to expert witness and review of supporting expert witness affidavit, for each affidavit1–53–95–15
      11Preparation and service of other supporting witness affidavits, for each affidavit1–53–55–7
      12Preparation related to cross-examination of each expert witness1–34–67–11
      13Preparation related to cross-examination of each witness other than expert witness1–33–55–7
      14Attendance at cross-examination of witness, for each hour (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–31–5
      15Preparation and filing of record, including memorandum of fact and law1–76–1011–15
      16Preparation and filing of requisition for hearing111
      17Preparation for hearing of application, whether or not the application proceeds1–54–87–11
      18Preparation for hearing of application, for each day or part of day in Court after the first day in Court11–34–8
      19Counsel fee for attendance of first counsel at hearing of application, for each hour in Court (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–33–5
      20Counsel fee for attendance of second counsel at hearing of application, for each hour in Court, 50% of the units per hour allocated under item 19 (for each quarter hour or less, add 12.5% of the units per hour allocated under item 19)
      21Preparation and filing of any other written representations requested or permitted by the Court1–31–71–11
      22Preparation and filing of a condensed book, compendium or other similar written material requested or permitted by the Court1–32–43–5
      23Travel by counsel to attend examination, conference or hearing, at the discretion of the Court1–31–51–9
      24Services after judgment not otherwise specified in this Tariff111
      25Assessment of costs1–53–76–10
      26Any other service allowed by the assessment officer or ordered by the Court11–31–5

      TABLE 3

      Appeals

      ItemAssessable ServiceNumber of Units
      Column 1Column 2Column 3
      1Preparation and filing of notice of appeal or notice of cross-appeal1–33–55–7
      2Preparation and filing of notice of appearance111
      3Preparation and filing of notice of constitutional question1–34–67–9
      4Review of notice of constitutional question1–31–51–7
      5Preparation and filing of written representations for status review or, if requested by the Court, for case management111
      6Agreement on the contents of the appeal book1–31–31–3
      7Preparation of appeal book123
      8Preparation for case management conference1–23–67–11
      9Attendance at case management conference, for each hour (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–31–3
      10Preparation and filing of memorandum of fact and law1–76–1011–15
      11Preparation and filing of requisition for hearing111
      12Preparation and filing of books of authorities1–32–45–7
      13Preparation for hearing of appeal, whether or not the appeal proceeds1–54–87–11
      14Preparation for hearing of appeal, for each day or part of day in Court after the first day in Court11–34–8
      15Counsel fee for attendance of first counsel at hearing of appeal, for each hour in Court (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–33–5
      16Counsel fee for attendance of second counsel at hearing of appeal, for each hour in Court, 50% of the units per hour allocated under item 15 (for each quarter hour or less, add 12.5% of the units per hour allocated under item 15)
      17Preparation and filing of other written representations requested or permitted by the Court1–31–71–11
      18Preparation and filing of condensed book, compendium or other similar written material requested or permitted by the Court1–32–43–5
      19Travel by counsel to attend case management conference or hearing of appeal, at the discretion of the Court1–31–51–9
      20Services after judgment not otherwise specified in this Tariff111
      21Assessment of costs1–53–76–10
      22Any other service allowed by the assessment officer or ordered by the Court11–31–5

      TABLE 4

      Motions

      ItemAssessable ServiceNumber of Units
      Column 1Column 2Column 3
      1Preparation and filing of notice of motion, other than one included in motion record1–31–31–5
      2Provision of instructions to expert witness and review of supporting expert witness affidavit, for each affidavit1–53–95–15
      3Preparation and service of other supporting witness affidavits, for each affidavit1–31–51–7
      4Preparation in relation to cross-examination of each expert witness1–34–67–11
      5Preparation in relation to cross-examination of each witness other than expert witness1–33–55–7
      6Attendance at cross-examination of witness, for each hour (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–31–5
      7Preparation and filing of motion record of moving party, including preparation of written representations or memorandum of fact and law1–51–71–9
      8Preparation and filing of motion record of responding party, including preparation of written representations or memorandum of fact and law1–51–71–9
      9Preparation and filing of moving party’s reply on a motion in writing1–31–31–3
      10Preparation for hearing of motion lasting more than three hours, for each additional three-hour period or part of such period1–33–55–7
      11Counsel fee for attendance of first counsel at hearing of motion, for each hour in Court (for each quarter hour or less, add 25% of the units allocated for each hour)1–31–33–5
      12Counsel fee for attendance of second counsel at hearing of motion lasting more than three hours, for each hour in Court, 50% of the units per hour allocated under item 11 (for each quarter hour or less, add 12.5% of the units per hour allocated under item 11)
      13Travel by counsel to attend hearing of motion or cross-examination, at the discretion of the Court1–31–51–9
      14Assessment of costs1–53–76–10
      15Any other service allowed by the assessment officer or ordered by the Court11–31–5
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