Court of Appeal of Quebec

Bill of costs

After the judgment is rendered, a party can have its legal costs reimbursed by the opposite party (art. 339 and ss C.C.P.). In principle, legal costs are owed to the successful party, unless the Court decides otherwise (Art. 340 C.C.P.). In most cases, the reimbursement of legal costs is done without the Court’s intervention.

General informations:

  • The party entitled to the legal costs prepare a bill of costs (see model available in the “Models pleadings” section);
  • The bill of costs is then notify to the other party (debtor) – the later has 10 days to notify its opposition to the Office of the Court and to the party;
  • In case of opposition, the bill of cost its sent for taxation to the court clerk;
  • The court clerk taxing the bill of costs must ensure that any disbursement not subject to the tariff is reasonable and that the sough costs comply with the rules (Art. 80 C.P.R.);
  • In absence of opposition, once the bill of costs has been drawn up, the party entitled to the legal costs can ask the clerk to homologate it.

Legal costs are (Art. 339 C.C.P.):

  • Court costs and fees (as example, $355 for filing a Notice of appeal of a final judgment);
  • Disbursements incurred for the preparation of appeal briefs, memoranda et book of authorities;
  • Professional fees and expenses for the service or notification of pleadings;
  • Etc.