Appeal Court court upholds hearing fees, but redefines who is exempt

VANCOUVER – The B.C. Appeal Court has overturned an earlier decision that found fees for court time unconstitutional, but the judges have also lowered the threshold for those who should be exempt from the fees.

The decision stems from a family law case, in which a woman named Montserrat Vilardell said she could not afford the $3,600 hearing fees associated with the case.

The lower court judge said the current rules that determine who qualifies for a fee exemption was unconstitutional, because it wouldn’t apply to struggling middle-income people who don’t qualify as poor.

A three-judge Appeal Court panel has overturned that decision, saying hearing fees allow the government to recover costs while encouraging parties to use court time efficiently.

Still, the Appeal Court says the rules surrounding hearing fees are only constitutional if the judges are given broad discretion to identify plaintiffs who would be prevented from pursuing a case because of fees.

The Appeal Court decision waives Vilardell’s fees for her case and concludes the court rules on hearing fees must be read to include anyone who is “in need,” in addition to people who are on income assistance, disability assistance or who are considered poor.