Neutral Evaluation Fees

Hourly fee

A Neutral Evaluation in Ontario and Quebec shall be subject to an hourly fee of $500.00 plus applicable taxes. In the Western Canada Region, the hourly fee is $400.00 per hour plus applicable taxes. In the Territories of Canada and the Atlantic Provinces, the hourly fee is $300.00, plus applicable taxes. The hourly fee shall be payable in respect to the reading of material presented to the Evaluator in advance of the hearing or any required additional reading between days of a hearing or at the conclusion thereof and for the preparation of an oral or written report.

Daily fees and amount required for Deposit

All Neutral Evaluation hearings are booked as full day hearings and are subject to a minimum charge of 7 hours per day at the hourly rate of the chosen Evaluator between 10 a.m. to 5 p.m. or any part thereof whether or not the full 7 hours are required. There is a minimum deposit required of $4,500 per day plus applicable taxes.

  1. Ontario and Quebec: $4,000.00 per day plus applicable taxes.
  2. Western Canada Region: $3,200.00 per day plus applicable taxes.
  3. Atlantic Provinces and The Territories of Canada: $2,400.00 per day plus applicable taxes.

The parties and their solicitors shall be jointly and severally responsible for the payment of the account rendered by ADR Chambers but may agree, as between them, the manner in which the said fees and disbursements will be paid.

Travel and Accomodation Expenses

For Neutral Evaluations outside of Toronto or outside the city of the Evaluator’s residence, there is a travel fee for the Evaluator of $200.00 per hour plus applicable taxes, not to exceed 4 hours, unless agreed by the parties. Other expenses might include mileage for travel by car or train, bus or plane fare, plus overnight accommodation and necessary meals. Such expenses, plus applicable taxes, will be added to the final invoice.

Administrative Fees

In addition to the fees of the Evaluator, there is a fixed and non-refundable administrative fee for the administration of the Neutral Evaluation as follows:
  1. Ontario and Quebec: $250.00 plus applicable taxes.
  2. Western Canada Region: $200.00 plus applicable taxes.
  3. Atlantic Provinces and The Territories of Canada: $200.00 plus applicable taxes.

In Toronto, at the Head Office facilities of ADR Chambers, there is a room rental charge for the use of room(s) required for the hearing. The charge depends on the type and number of rooms required. Charges vary between $450.00 and $750.00 per day or part thereof, plus applicable taxes.

Disbursements and taxes for all regions will be set out in the final account and may include the following:
  1. The rental charge for the Neutral Evaluation hearing room and any break-out rooms which may be requested in addition thereto.
  2. Rental charges for any equipment requested by either party or deemed necessary by the Evaluator for the proper hearing of the matter.
  3. Cancellation fees in relation to the rental of the venue for the Neutral Evaluation hearing or equipment.
  4. Lunches and refreshments as provided by ADR Chambers at the Head Office in Toronto or provided by outside caterers.
  5. GST or other applicable taxes on fees or disbursements.

In making rental arrangements for facilities or venue for the hearing, equipment, lunches and refreshments, ADR Chambers does so as an agent of the parties who are jointly and severally responsible for the payment thereof. These expenses will be added as disbursements to the final account to the parties.

Cancellations/Adjournments, Fees and Disbursements

All Neutral Evaluations cancelled or adjourned less than seven (7) business days prior to the commencement of the Neutral Evaluation date, or any cancellation of time reserved for the hearing which is made by any party during the time set aside for the hearing, shall be subject to a cancellation fee of $4,000.00 per day of hearing days booked for the matter plus the administrative fee, and any disbursements plus applicable taxes on fees and disbursements. The cancellation fees, administrative fees and disbursements shall be deducted from the deposit, if sufficient, or otherwise billed to the parties.

Any adjournment of a Neutral Evaluation on consent of the parties or an adjournment required due to a position taken by one or more of the parties shall be deemed to be a cancellation and subject to the provisions of Rule 14(1) - paragraph above, and the parties and their solicitors shall be jointly and severally responsible for the account of ADR Chambers for any fees, administrative charges, disbursements, taxes and cancellation charges as set out in Rules 11, 13, and 14 (Hourly Fees, Administrative Fees, Cancellations/Adjournments, Fees and Dispbursements sections) and the sub-paragraphs thereto.

These Neutral Evaluation Rules and the applicable Mediation Rules, to be read with them, are effective as of January 1st, 2009 and are subject to change without notice.