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 an example affidavit for fee waiver that you can use as a guide: Example Affidavit for Fee Waiver