E-3.3, r. 16 - Regulation respecting costs for a recount

Updated to 1 January 2016

This document has official status.

chapter E-3.3, r. 16

Regulation respecting costs for a recount

Election Act

(chapter E-3.2, ss. 310 and 482).

DIVISION I GENERAL

1. The words “application”, “case” or “action” mean a proceeding, commenced by any other mode of commencement.

O.C. 644-85, s. 1; I.N. 2016-01-01 (NCCP).

2. The word “trial” means the examination of a party or witness as well as the submission before the court of any document bearing admission of facts, followed by an address and an examination of the ballot papers and other documents contained in the ballot box.

O.C. 644-85, s. 2.

3. The word “contest” includes any objection to an application made by another party.

O.C. 644-85, s. 3.

4. The cost of exhibits, copies of plans, deeds or other documents, as well as the cost of expert’s reports filed are to be included in the bill of costs, unless the judge orders otherwise.

O.C. 644-85, s. 4.

5. If several interlocutory applications can be made in the same proceeding, one single fee is payable for whatever number of proceedings.

O.C. 644-85, s. 5.

6. In a major case the Court may, on application or of its own motion, award a special fee, in addition to all other fees.

O.C. 644-85, s. 6.

7. Where the election results remain unchanged, the costs of the candidate who received the greatest number of votes will be awarded against the petitioner.

O.C. 644-85, s. 7.

8. Where the application is made by the candidate who came second, or his agent, and where the majority is not over one thousandth of the votes cast, no costs may be awarded against the petitioner.

O.C. 644-85, s. 8.

9. Costs are recoverable in the same manner as costs awarded in ordinary cases before the Court of Québec.

O.C. 644-85, s. 9.

DIVISION II LEGAL COSTS

10. For every application filed but settled before the judgment on its merits:

(a)  to the petitioner’s attorney: $125;

(b)  to the respondent’s attorney: $75;

(c)  to each candidate’s attorney: $75.

O.C. 644-85, s. 10; I.N. 2016-01-01 (NCCP).

11. For uncontested judgment on the merits after trial:

(a)  to the petitioner’s attorney: $175;

(b)  to the respondent’s attorney and to each candidate’s attorney:

i.  if he is not present at the trial $50;

ii.  if he is present at the trial $100$.

O.C. 644-85, s. 11; O.C. 2017-85, s. 1.

12. For judgment on the merits of the case in a contested application: $350.

O.C. 644-85, s. 12; I.N. 2016-01-01 (NCCP).

13. (1)  On every contested interlocutory proceeding: $50.

(2)  Where the interlocutory proceeding puts an end to the dispute: $140.

O.C. 644-85, s. 13.

14. (1)  Where a case lasts more than one day, for each additional half day: $50.

(2)  In case of refusal to proceed by the court stated in the presence of the parties, on the day fixed for the hearing: $50.

O.C. 644-85, s. 14.

15. For attendance at a recount:

(a)  to the returning officer for each half day: $50;

(b)  to the election clerk for each half day: $25.

O.C. 644-85, s. 15.

16. In the case of any pre-trial conference under article 179 of the Code of Civil Procedure (chapter C-25.01) and prior to the day fixed for the hearing: $30.

O.C. 644-85, s. 16; I.N. 2016-01-01 (NCCP).

DIVISION III FINAL

17. (Omitted).

O.C. 644-85, s. 17.

18. (Omitted).

O.C. 644-85, s. 18.

REFERENCES

O.C. 644-85, 1985 G.O. 2, 1279

O.C.2017-85, 1985 G.O. 2, 3950

S.Q., 1988, c. 21, s. 66