Small Claims Court in Ontario: what does it cost?

One of the first questions people ask about Small Claims Court is: what will this cost me? The court fees are fairly modest. But there are other costs to plan for, like your time, serving documents and, sometimes, the other side's costsCostsMoney the court may order one side to pay the other for expenses of the case, such as court fees. Costs are separate from the amount claimed, and there are limits on them.Close definition of Costs.

Here is a plain breakdown. Fees change from time to time. The current amounts are in the court fees table, which is on every court's page (for example, Toronto). Check the Ontario Small Claims Court fee schedule before you pay; contact the court officeCourt officeThe office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.Close definition of Court office if you are unsure how a fee applies to your case.

The three main court fees

These are the fees most people meet in a Small Claims case:

• Filing a claim: $108, for an infrequent claimant. The plaintiffPlaintiffThe person or business that starts a court case by filing a claim. The plaintiff asks the court to order the defendant to pay.Close definition of Plaintiff pays this when they file the plaintiff's claimPlaintiff's ClaimThe court form that starts a Small Claims case (Form 7A). It names the parties, says how much is claimed and why, and comes with a Schedule A.Close definition of Plaintiff's Claim (Form 7A).
• Filing a Defence: $77. The defendantDefendantThe person or business being sued. The defendant responds to the claim by filing a Defence.Close definition of Defendant pays this when they file a defenceDefenceThe defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.Close definition of Defence (Form 9A).
• Setting a trial date: $308. A party pays this when they ask for a trial date, if the case does not settle within 30 days after the settlement conferenceSettlement conferenceA meeting with a judge or court official to try to settle the case and prepare it for trial. It is held within 90 days after the first Defence is filed (Rule 13.01).Close definition of Settlement conference (Rule 13.07).

A frequent claimant is someone who has filed 10 or more claims in the same court location in the calendar year; a different, higher fee applies to later claims and some court steps. The court fees table lists the fee for a frequent claimant separately.

Other court fees you may meet

Depending on how your case goes, there may be fees for other steps, such as:

• filing a defendant's claimDefendant's ClaimA claim a defendant makes in the same case, against the plaintiff or someone else (Form 10A). It must be filed within 20 days after the Defence is filed (Rule 10.01).Close definition of Defendant's Claim (Form 10A); the listed fee is $108
• asking for default judgmentDefault judgmentA judgment made because the defendant did not file a Defence in time, without a trial. For a debt or fixed amount, it is requested on Form 11B (Rule 11.02).Close definition of Default judgment; the request fee depends on whether you are an infrequent or a frequent claimant
• filing a motionMotionA request asking the court to make a decision on a specific issue during a case, such as more time or setting aside a default. It uses Form 15A and must be served at least 7 days before the hearing (Rule 15.01).Close definition of Motion; $127 for a notice of motion served on another party, without notice, or for a consent order, except a motion under the Wages Act
• receiving an eligible tribunal order for enforcement; the fee schedule lists $45 for receiving an order or judgment for enforcement as provided by statute
• asking for a summons to witnessSummons to WitnessA court document (Form 18A) that orders a person to come to court and give evidence. It is used when a witness may not come on their own.Close definition of Summons to Witness or a certificate of judgmentCertificate of JudgmentA court document (Form 20A) that confirms a judgment. It can be used to enforce the judgment in a different court location.Close definition of Certificate of Judgment
• enforcement steps, like a garnishmentGarnishmentA way to collect a judgment by having money owed to the debtor, such as wages or bank funds, paid to the court instead. It uses a Notice of Garnishment (Form 20E). Most of a person's wages are protected: 80% are exempt, so up to 20% can be garnished, and for support or maintenance 50% are exempt (Wages Act, section 7). A notice stays in force for 6 years from issue and 6 more years from each renewal (Rule 20.08(5.1)).Close definition of Garnishment, a writ of seizure and saleWrit of seizure and saleA court document that lets an enforcement office seize and sell a debtor's property to pay a judgment. In Small Claims Court, Form 20C is used for personal property and Form 20D for land.Close definition of Writ of seizure and sale or a notice of examination; enforcement-office fees may also apply

If paying court fees would be a real hardship, ask the court office about a fee waiverFee waiverPermission not to pay certain court fees because paying them would be a hardship. Who qualifies and how to apply is set by the court.Close definition of Fee waiver. If it is granted, it covers most fees in your case from that point on. Ontario's fee waiver page explains how to apply.

Costs outside the court

Court fees are only part of the picture. Plan for:

• Serving documents. Many people hire a process server. Prices vary by company, location and how fast you need it, so ask for a quote. If you win, the court will usually allow no more than $60 per person served for this cost (Rule 19.01(3)). Courier or registered mail costs a little too.
• Swearing an affidavit. Having an affidavit of serviceAffidavit of ServiceA sworn or affirmed statement that proves a document was served: who got it, what it was, and when, where and how it was delivered. In Small Claims Court it is Form 8A.Close definition of Affidavit of Service commissioned may have a small fee (check the current amount with the court office).
• Copies and printing. You will need several copies of your documents for the court and the other side.
• Witnesses. If you summon a witnessWitnessA person who tells the court, under oath or affirmation, what they saw, heard or did. You can also be a witness in your own case.Close definition of Witness with Form 18A, you may need to pay them an attendance fee or allowance. It is $11 a day for most witnesses, or $27 a day for a professional giving professional evidence, plus reasonable travel expenses.
• Expert reports. A repair estimate or similar report may cost money.
• Time off work. Settlement conferences and trials happen during the workday.
• Travel and parking to get to the courthouse.

Legal help, if you want it

You can handle your case yourself. Many people do. If you want help, a lawyer or licensed paralegalParalegalA person licensed in Ontario to give some legal services, including help with Small Claims Court cases. Paralegals are licensed by the Law Society of Ontario and may represent a party in Small Claims Court. Paralegals charge fees for their work.Close definition of Paralegal can help with part or all of your case. Their fees vary widely. Some offer a one-time consult or help with a single step.

Can you get your costs back?

If you win, the court may order the other side to pay some of your costs, such as your court fees and certain expenses. This is called a costs award. There are limits on what can be awarded. Costs other than disbursements cannot be more than 15 per cent of the amount claimed, unless the court decides to penalize unreasonable behaviour (Courts of Justice Act, s. 29). The cost of preparing a claim or defence is capped at $200, and compensation to a self-represented party at $500 (Rules 19.01 and 19.05).

It works the other way too. If you lose, you may be ordered to pay some of the other side's costs.

An offer to settleOffer to settleA written offer to end the case on certain terms, made on Form 14A. An offer served at least 7 days before trial can affect the costs the court orders (Rule 14).Close definition of Offer to settle (Form 14A) can also affect costs. An offer served at least 7 days before trial can have cost consequences (Rule 14).

Ways to keep costs down

• Send a demand letterDemand letterA letter that tells someone what they owe you, why, and by when you want it paid, before you go to court. It often settles the dispute and shows you tried.Close definition of Demand letter first. It may settle the case for the price of a stamp.
• Stay organized, so you do not need extra steps later.
• Meet every deadline, so you avoid motions to fix problems.
• Take settlement seriously, especially at the settlement conference.

For the full process, start with our Small Claims Court guide.