Disbursements and Third-Party Costs Policy

Purpose

Most matters involve costs paid to others, such as a court filing fee or a process server's charge. This policy explains what these disbursements are, how we charge them, when we ask for your approval, and how they appear on your invoice. It doesn't change your retainer agreement: if the two ever differ, your signed retainer governs.

What a disbursement is

A disbursement is a cost paid to someone else for your matter. Common examples are:

• court and tribunal filing fees;
• process servers and couriers;
• searches, official copies and transcripts;
• experts' reports and witness fees;
• travel for your matter.

Our fees are what we charge for our own work. Disbursements are separate, and are extra to our fees unless your retainer says otherwise.

Our policy

1. At cost. We charge disbursements at cost, with HST where it applies, as our retainer agreements say. We add no markup and no administrative charge.
2. Disclosed in advance. Our retainer agreements describe the kinds of disbursements to expect and give an estimate where we can. An estimate is for budgeting only. It is not a cap.
3. Your approval over $200. We ask for your approval before we incur any single disbursement over $200, except in an emergency.
4. Paying ahead, or paying directly. We may ask you to pay a large disbursement in advance, or to pay the provider directly. Money you pay us in advance for disbursements is held in our trust account, under our Trust Accounting and Client Money Policy.
5. Providers we hire for you. When we hire someone for your matter, such as a process server, the charge is yours. As your retainer allows, we may tell the provider in writing, before the work is done, that the charge is yours and not NEO's.
6. Clear invoices. Each disbursement appears on your invoice as its own line, separate from our fees, with the tax that applies to it, if any.
7. Receipts. Receipts for disbursements we paid for you are part of your file, and you can ask to see them.
8. Discounts are on fees only. A discount, including a member discount under our Membership Terms, comes off our fees only, never off disbursements.
9. Even when there is no fee. Under a no-charge retainer, disbursements are still payable at cost, unless we agree otherwise in writing.

Court and tribunal fees

• Filing fees are set by the government or the tribunal, not by us, and can change.
• If you have a low income, or receive certain benefits, you may be able to have some court fees waived. Ask us whether you may qualify. Our Pro Bono and Reduced Fee Services Policy explains how we help eligible clients apply.

Getting disbursements back

• From the other side. If you win in Small Claims Court, the other side usually has to pay your reasonable disbursements, within limits in the court's rules. Our Costs Awarded and Costs Orders Policy explains this. Until they are paid, and if they never are, they remain yours under your retainer.
• Refunds. A disbursement already paid can usually be refunded only if the court or provider refunds it. When a refund comes back to us, we pass it on, as our Payments and Refunds Policy explains.

Questions about a disbursement

Ask us before you pay, or at any time. Our Fees, Retainers and Billing Policy explains how to question an account.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.