b-1, r. 22 - Tariff of judicial fees of advocates
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Revoked on 1 January 2016
This document has official status.
chapter B-1, r. 22
Tariff of judicial fees of advocates
BAR — TARIFF OF JUDICIAL FEES
Act respecting the Barreau du Québec
(chapter B-1, s. 125, par. 2).
01January 011 2016
Revoked, S.Q. 2014, c. 1, a. 832
CLASSES OF ACTIONS
1. The class of action is determined by the amount or value in dispute in the suit:
Class I-A: $0.00 to $300 exclusively;
Class I-B: $300 to $500 exclusively;
Class I-C: $500 to $1,000 exclusively;
Class II-A: $1,000 to $3,000 exclusively;
Class II-B: $3,000 to $10,000 exclusively;
Class III-A: $10,000 to $25,000 exclusively;
Class III-B: $25,000 to $50,000 exclusively;
Class IV: $50,000 up.
R.R.Q., 1981, c. B-1, r. 13, s. 1.
2. The words "suit" "case" or "action" mean an action, whether it is instituted by a writ, petition, joint factum, or any other deed instituting an action.
3. The word "proof" means the examination of a party or witness as well as the presentation before the court of any document bearing admission of facts, followed by an address.
4. The word "contestation" includes any opposition to a demand of another party.
5. For proceedings or actions which the Tariff does not specifically prescribe, the fees shall be fixed according to the tariff of proceedings or similar actions. Such proceeding or action in which the amount or value in dispute is indeterminable or inexistent shall be under Class II-A.
6. The fees in actions for the revendication of movable property shall be taxed against the plaintiff according to the value of the property revendicated and against the defendant according to the value of the property for which a judgment is rendered.
7. Hypothecary actions shall be considered purely personal actions.
8. An action in which the creditor uses a right to become the irrevocable owner of an immovable, the class of action shall be determined according to the amount due on the claim.
9. In an action for accounting, the costs shall be taxed against the plaintiff according to the amount which he claims and against the defendant according to the amount for which he is bound to account.
10. Unless provided otherwise in the law, every action for the annulment of a contract or will shall be classified according to the value of the contract or succession; if, in addition, a sum of money is claimed, the total amount shall determine the class of the action.
R.R.Q., 1981, c. B-1, r. 13, s. 10.
11. In actions for a sum of money, the costs shall be taxed against the plaintiff according to the amount which he claims, and against the defendant according to the class of action to which the amount of the final judgment corresponds.
12. The cost of exhibits, copies of plans, deeds or other documents, as well as the cost of expert's reports filed shall be included in the bill of costs, unless the judge orders otherwise.
13. Where several defendants file separate contestations, the advocate of the plaintiff shall receive for each additional contestation one-half of the fee prescribed in section 24 or in section 25 of the Tariff according to the state of the proceedings. For the purposes of this section, the intervenant, the mis-en-cause and the defendant on warranty, if they conclude to the rejection of the principal action, shall be considered a defendant filing a separate contestation.
14. If several incidental suits can be formulated in the same proceeding, one single fee shall be payable despite multiple proceedings.
15. The Court may, upon request or of its own initiative, grant a special fee, in addition to all other fees, in an important case.
R.R.Q., 1981, c. B-1, r. 13, s. 15; Erratum, Suppl 157.
16. In matters of declaratory judgments and decisions upon a question of law, the interest in dispute, if it can be evaluated in money, shall determine the class of action; in other cases, the fees shall be those prescribed for Class II-B.
17. In the case of the revision of taxation of a bill of costs, the costs shall be based on the class of action corresponding to the amount of the costs in dispute.
18. Subject to article 477 of the Code of Civil Procedure (chapter C-25), and with the exception of execution costs, in all actions of Class I-A, the costs taxed against the party who fails in the action shall not be higher than the amount of the condemnation.
19. There shall not be any separate fee in the case of a cross-demand, but the class of action shall be determined by that of the amounts granted which is the highest.
20. Whenever laws or regulations refer to the former Tariff, this Tariff must be used.
FIRST INSTANCE
(1) For every notice
or putting in default
preceding the proceeding
instituting an action
and required by law....... 5 10 15 25 25 25 25 25
preceeding the
proceeding instituting
an action and not
required by law,
only one fee is
payable................... 5 10 15 20 20 20 20 20
For every action
settled after the
an action and before
the serving of a
plea or contestation
on the merits:
(a) to the
plaintiff's attorney... 30 60 75 125 150 200 275 350
(b) to the
defendant's attorney... 20 25 30 75 125 175 250 325
For judgment on the
merits, by default
or ex parte, to the
plaintiff's attorney:
(a) without proof
and hearing............ 35 70 90 140 175 250 325 400
(b) with proof and
hearing................ 40 80 100 175 225 300 375 450
to the defendant's
attorney:
(c) if he is not
present at the proof
and hearing or if
there is no proof
and hearing............ 20 25 30 50 80 100 135 175
(d) if there is a
proof and hearing
and he is present...... 30 60 75 100 150 200 275 350
For an action
serving of a plea or
contestation on the
merits, or for a
demand dissmissed on
a petition founded
on article 165 of
the Code of Civil
Procedure.............. 40 80 100 250 350 450 550 650
For judgment
on the merits of
the case in a
contested action....... 75 125 200 350 500 700 800 1,000
(1) On every
contested incidental
proceeding............. 10 15 20 50 50 50 50 50
(2) Where the
incidental proceeding
puts an end to the
dispute, the fee
applicable shall
be the following....... 35 70 90 140 175 250 325 400
For the examination
of a party before or
after a plea filed
with the exclusion
of an examination
held during an
incidental measure
or a trial............. 10 15 20 30 30 30 30 30
When the Judge
requests or authorizes
to plead in writing,
an additional fee of... 10 20 30 50 50 100 100 100
(1) For the
registration of the
judgment or any other
deed for the
preservation of real
rights.................. 5 10 15 25 25 25 25 25
preparation and
registration of a
privilege or notice in
accordance with
article 1040a of
the Civil Code.......... 10 20 30 75 75 75 75 75
(3) Preparation and
cancellation of the
privilege............... 5 10 15 25 25 25 25 25
(4) Filing of claim in
the case of voluntary
deposit and claim on
seizure by garnishment.. 5 10 15 25 25 25 25 25
(1) For the issuance
of all writs of
execution, whatever
their nature or number,
only one fee in
accordance with the
class of the amount
claimed ............... 5 10 15 25 25 25 25 25
(2) The examination
article 543 of the
Code of Civil
Procedure.............. 5 10 10 15 15 15 15 15
For any judgment by
default against a
garnishee or on his
declaration............ 5 10 15 25 25 25 25 25
For any seizure
before judgment,
an additional fee in
class of the principal
action................. 10 15 20 40 40 40 40 40
(1) Where a case
lasts more than one
day, for each
additional half a day.. 25 35 40 50 50 50 50 50
(2) In case of refusal
to proceed by the court
stated in the presence
of the parties, on the
day fixed for proof
and hearing............ 10 15 20 50 50 50 50 50
34. In the case of any pre-trial held according to article 279 of the Code of Civil Procedure (chapter C-25) and prior to the day fixed for proof and hearing, the fees shall be those prescribed in section 27.
35. The injunction demanded without other conclusions than those of article 751 of the Code of Civil Procedure (chapter C-25) shall be considered an action of Class II-B. If other conclusions are sought, the fees shall be those of the class prescribed for such conclusions, without however being less than those prescribed in Class II-B. The fees shall be calculated in the following manner: when the judgment on the motion for interlocutory injunction terminates the case or the judgment on the motion for permanent injunction is not preceded by a judgment on a motion for interlocutory injunction, the advocate shall be entitled to the fees taxable on a judgment on the merits of the case. In the case where the judgment on the motion for permanent injunction is rendered following a judgment on a motion for interlocutory injunction, the advocate shall be entitled to the fees taxable on a judgment on the merits increased by one-half.
36. In matters of boundary actions, possessory and petitory actions, sequestration, declaratory and negatory action of servitudes, the fees shall be those prescribed for Class II-B.
37. In matters of judicial partition and licitation, the class of action shall be according to the value of the object in dispute.
38. In matters of proceedings respecting legal persons, extraordinary recourses and Habeas Corpus prescribed in Titles V, VI and VII of Book V of the Code of Civil Procedure (chapter C-25), the fees shall be those prescribed for Class II-B.
39. In non-contentious matters, the fee shall be that of subsection 1 of section 29, Class II, with the exception of the voluntary sale of property belonging to incapable persons and of inventorized property prescribed in Chapters VII and XI of Book VI of the Code of Civil Procedure (chapter C-25) whose class is determined by the value of the property.
40. In property assessment matters, including the setting aside or contestation of a roll, the fees both before the Administrative Tribunal of Québec and in appeal before the Court of Québec shall be those prescribed for Class II-A of the Tariff in first instance; section 42 shall not apply thereto and the cost of experts' reports shall not be included in the bill of costs.
R.R.Q., 1981, c. B-1, r. 13, s. 40; S.Q., 1988, c. 21, s. 66.
41. In expropriation matters the class of action shall be determined by the amount of the indemnity.
An additional fee of 1% of the first $100,000 or less of indemnity shall be added to the judicial fees when, upon a motion accompanied by an affidavit of the advocate, it has been established to the satisfaction of the Administrative Tribunal of Québec that the advocate's services during the preparation of the case or during the proof and hearing, or during the negotiations which led to a transaction, justify it.
The contestation of the right to expropriation is an instance in itself. The fees applicable shall be those prescribed in Class II-B.
For any proceeding instituted under the Expropriation Act (chapter E-24) before a Court other than the Administrative Tribunal of Québec, the applicable fees shall be those prescribed in Class II-B, subsection 1 of section 26.
For any uncontested proceeding respecting payment of the monies allocated, the fees shall be those prescribed in subsection 2 of section 29.
42. In the case of a suit in which the amount of the value under dispute is greater than $100,000, an additional fee of 1% on the amount exceeding the $100,000 shall be taxable.
43. This Tariff shall apply to every action instituted after 14 July 1976; it shall not apply to a new proceeding in an action instituted before that date.
TARIFF PARTICULAR TO MATRIMONIAL MATTERS
§ 1. — Principal proceedings
44. Action for separation from bed or petition for divorce settled after service; to the plaintiff's attorney: $150.
45. Action for separation from bed or petition for divorce settled after appearance; to the defendant's attorney: $100.
46. For judgment ex parte or by default; to the plaintiff's attorney: $225.
47. For judgment ex parte or by default; to the defendant's attorney who is present at the proof and hearing: $150.
48. For judgment by default or ex parte; to the defendant's attorney who is not present at the proof and hearing: $100.
49. For judgment on the merits rendered on contestation with or without cross demand from the defendant; to each attorney: $300.
§ 2. — Provisional measures and incidental proceedings
50. (1) For judgment relating to provisional measures, after agreement or transaction, but without proof and hearing, to each attorney, one fee only: $75.
(2) For judgment after proof and hearing, on any motion for provisional measures, to each attorney, one fee only: $100.
51. (1) For every contested incidental proceeding not contemplated in section 50: $50.
(2) For the examination of a party, before or after the filing of a defence, with the exception of an examination during an incidental measure or the trial: $30.
(3) When the judge requests or authorizes to plead in writing: $50.
(4) Where a case lasts more than one day, for each additional day: $50.
(5) In case of refusal to proceed by the court at the proof and hearing on the merits, stated in the presence of the parties on the day fixed for the hearing: $50.
§ 3. — Execution of judgment
52. (1) For examination pursuant to article 543 of the Code of Civil Procedure (chapter C-25): $15.
(2) For requisition for a writ of seizure before judgment: $25.
(3) For requisition for any writ of seizure of bonis, terris, after judgment or both at the same time: $25.
(4) For requisition for any seizure by garnishment after judgment: $25.
(5) For judgment on seizure by garnishment after judgment: $50.
(6) Only one of the 2 fees prescribed in subsections 4 and 5 may be claimed.
(7) For the registration of the judgment: $25.
§ 4. — Motions subsequent to final judgment
53. (1) Appointment of practitioner: $10.
(2) Homologation of practitioner's report: $10.
(3) Registration following homologated report: $10.
(4) For any judgment relating to a motion for change in alimony, custody of children, visiting rights or leaves agreed upon, without proof and hearing, to each attorney, one fee only: $75.
(5) For judgment after proof and hearing with respect to all the measures described in subsection 4, to each attorney, one fee only: $100.
§ 5. — Motions pursuant to article 827 of the Code of Civil Procedure
54. For any judgment without proof and hearing relating to a motion submitted pursuant to article 827 of the Code of Civil Procedure (chapter C-25), to each attorney: $75.
55. For any judgment rendered on contestation after proof and hearing and relating to a motion submitted pursuant to article 827 of the Code of Civil Procedure (chapter C-25), to each attorney: $100.
DIVISION V
JUDICIAL TARIFF FOR CIVIL CASES UNDER APPEAL COURT OF APPEAL
The disbursements
incurred for the
preparation of the
joint record and the
factums shall be
taxable against the
party who fails in
the action upon the
filing of supporting
documents.
R.R.Q., 1981, c. B-1, r 13, s. 56.
Sections 36, 37,
and 38 of the
tariff in first
instance shall
apply to the Court
of Appeal.
After filing of the
inscription: For
every case terminated
or appeal abandoned.... 100 100 100 100 250 300 400 500
After filing of
the factum of the
appellant: For every
case terminated or
appeal abandoned:
(a) to the appellant... 250 250 250 300 450 550 700 850
(b) to the respondent.. 125 125 125 150 300 350 450 550
After the filing of
respondent and before
the proof and hearing:
For every case
terminated or appeal
abandoned.............. 300 300 300 350 500 600 750 900
merits of the case..... 450 450 450 500 750 850 1 000 1 200
For motion for
permission to appeal,
motion for the
dismissal of the
appeal and any other
proceeding............. 100 100 100 100 100 100 100 100
63. For the appeal of any interlocutory judgment with the exception of the injunction, extraordinary recourses and Habeas Corpus, the fee applicable shall be one-half of the fee prescribed for a final judgment, according to the class of action determined by the amount in dispute.
64. The injunction demanded without other conclusions than those of article 751 of the Code of Civil Procedure (chapter C-25) shall be considered an action of Class II-B. If other conclusions are sought, the fees shall be those of the class prescribed for such conclusions, without however being less than those prescribed in Class II-B. The fees shall be calculated in the following manner: When the judgment of the Court of Appeal on the motion for interlocutory injunction terminates the case or the judgment of the Court of Appeal on the action for permanent injunction is not preceded by a judgment of the Court of Appeal on a motion for interlocutory injunction, the advocate shall be entitled to the fees taxable on a judgment on the merits of the Court of Appeal. In the case where the judgment of the Court of Appeal on the action for injunction is rendered following a judgment of the Court of Appeal on a motion for interlocutory injunction, the amount of the fee for the judgment on the merits shall be equal to one-half the fee of the class which applies thereto.
65. In matters of extraordinary recourses and Habeas Corpus prescribed in Titles VI and VII of Book V of the Code of Civil Procedure (chapter C-25): In appeal on the issuance of the writ, the fees shall be those prescribed in Class II-B. The same shall apply to judgment on the merits, which has not been preceded by an appeal on issuing. However, when the judgment on the merits in appeal has been preceded by a judgment in appeal on issuing, the amount of the fee for the judgment on the merits shall be equal to one-half the fee of Class II-B.
For the filing
of an additional
factum upon the
request of the court... 100 100 100 150 150 150 150 150
For every journey
from any other
district to Montréal
or Québec, made
especially for the
hearing, the advocate
shall be entitled to
an indemnity equal to
the indemnity payable
to a judge in
accordance with the law.
Where the hearing
of a case lasts more
than one day, for
each additional
half-day............... 100 100 100 100 100 100 100 100
69. This Tariff shall apply to every appeal lodged after 14 July 1976, it shall not apply to a new proceeding in an appeal instituted before that date.
DIVISION VI
TARIFF PARTICULAR TO MATRIMONIAL MATTERS UNDER APPEAL
70. The costs incurred for the preparation of the joint record and factums shall be taxable against the party who fails in the action upon the filing of supporting documents.
71. After filing of the inscription:
For any case terminated or appeal abandoned: $150.
72. After filing of the factum of the applicant:
For any case terminated or appeal abandoned:
(a) to the appellant: $350;
(b) to the respondent: $200.
73. After filing of the factum of the respondent and before proof and hearing:
74. For judgment on the merits of the case: $600.
75. For motion for permission to appeal, motion for the dismissal of the appeal and other contested incidental proceeding: $100.
76. For the appeal of any interlocutory judgment, the applicable fee is one-half of the fee prescribed for a final judgment.
77. For the filing an additional factum at the request of the court: $150.
78. For every journey from any other district to Montréal or Québec, made especially for the hearing, the advocate shall be entitled to an indemnity equal to the indemnity payable to a judge in accordance with the law.
79. Where the proof and hearing of a case on the merits lasts more than one day, for each additional half day: $100.
80. This Tariff shall apply to every appeal lodged after 14 July 1976; it shall not apply to a new proceeding in an appeal instituted before that date.
R.R.Q., 1981, c. B-1, r. 13
Erratum, Suppl. 157
S.Q. 1997, c. 43, s. 851
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