LegalCostCanada.caCanada-wide legal forms, costs & practical guides
BC Supreme Court · Form F85

Form F85: Order to Waive Fees

The draft order used in a BC Supreme Court family fee-waiver application for a person who receives specified assistance benefits or cannot pay court fees without undue hardship.

Use the current form: A fee waiver is a court order, not an automatic exemption based only on income. Rule 20-5 sets the test and the application package.

Who may qualify under Rule 20-5

The court may order that no Schedule 1 court fees are payable if the person receives benefits under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, or cannot afford the fees without undue hardship, subject to the rule’s limits for claims or defences that are abusive, frivolous or otherwise deficient.

The application package

Rule 20-5(3) says the application may be made by filing Form F17, a draft proposed order in Form F85, and an affidavit in Form F86.

What the order can cover

The court may make the waiver apply to the family case generally, a part of the case, a period of time or particular procedural steps.

What F85 is not

F85 does not waive private lawyer fees, process-server charges or every possible litigation expense. The rule concerns fees payable to the government under Schedule 1 of Appendix C within the scope of the order.

Related guides

Form F86 affidavit · Form F17 · Supreme Court forms directory.