Community Legal Assistance Society - BC Judicial Review Self-Help Guide

Affidavit in Support of Fee Waiver

The court will only grant a fee waiver if:

  • you cannot afford the court fees, and
  • you have an arguable case for judicial review.

To satisfy the court on these points, you will need to file an affidavit in support of your requisition for a fee waiver.

This affidavit must set out your financial situation in detail (including a statement of income and expenses, assets and liabilities). If you are on income assistance or disability assistance, you will need to attach proof of that.

In addition to setting out your financial situation, the affidavit for fee waiver also needs to attach a draft copy of your petition so the court can see what the case is about. The court will use the affidavit for fee waiver to decide whether you cannot afford the fees, and whether or not you have an arguable case for judicial review.

This is a blank affidavit for fee waiver that you can download and fill in: Blank Affidavit for Fee Waiver

This is a sample affidavit for fee waiver that you can look at as an example: Sample Affidavit for Fee Waiver

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Site by the Community Legal Assistance Society. Content available under Creative Commons CC BY-NC licence. This guide is made possible by funding from the British Columbia Ministry of Justice and the Law Foundation of British Columbia. This guide was originally produced by David Mossop, Q.C.
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