Trial Lawyers Association of BC v. BC A.G., concerns the constitutionality of BC Supreme Court hearing fees. Turns out they are not constitutional. The Court takes the position that impeding access to justice by way of hearing fees, as presently done, denied certain classes of people access to the Court and thus impermissibly interfered with the Court’s jurisdiction under s.96 of the Constitution Act.

Justice Rothstein, in a strongly worded dissent, took the position that decisions concerning matters such as court fees were solely for the legislature and not for the courts to decide.