Cost Award Ontario Small Claims Court: The 15 Percent Rule
The Cap That Shapes Your Enforcement Math
Section 29 of Ontario's Courts of Justice Act (CJA) limits an award of costs, other than disbursements, to 15% of the amount claimed. Representation fees are among the costs a judge may award. This cap fundamentally shapes the economics of enforcement — it determines how much of your legal spending you can recover and, by extension, whether hiring a paralegal or lawyer to handle enforcement makes financial sense.
How the 15% Cap Works
The calculation starts with the principal amount of the claim, not the judgment amount (which may include interest and costs from the trial itself).
On a $10,000 claim, the maximum representation cost award is $1,500. On a $5,000 claim, it is $750. On a $50,000 claim — the current jurisdictional maximum effective October 1, 2025 — it tops out at $7,500.
A few things the 15% cap does not cover:
- Court filing fees and disbursements. Fees paid under O. Reg. 332/16 — the $108 claim filing fee, the $144 garnishment fee, the $68 examination or writ fee — sit outside the 15% cap. These are recoverable as disbursements, not representation costs. The judge can order the losing party to reimburse them on top of the 15% cost award.
- Process server fees. What you paid to have documents served on the debtor or garnishee are disbursements, not representation costs.
- Sheriff execution fees and deposits. The $100 Sheriff filing deposit for a land writ, the per-attempt execution fees — these are enforcement disbursements.
In practice, representation fees are part of the capped costs award; disbursements are treated separately.
The Exception: Unreasonable Conduct
The 15% cap is the default, not an absolute ceiling. Under CJA s. 29, a judge may award costs above 15% if a party has behaved unreasonably during the litigation. This includes conduct like failing to comply with court orders, wasting court time with frivolous motions, or acting in bad faith.
The unreasonable-conduct exception is discretionary and case-specific. Do not budget around it — treat 15% as your planning ceiling unless your case involves egregious behaviour by the other side.
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Why This Matters for Enforcement Decisions
The cost cap creates a clear financial threshold for whether to self-represent or hire professional help during enforcement:
| Claim Amount | 15% Cost Cap | Typical Paralegal Enforcement Retainer |
|---|---|---|
| $5,000 | $750 | $750–$2,500 per step |
| $10,000 | $1,500 | $750–$2,500 per step |
| $25,000 | $3,750 | $750–$2,500 per step |
| $50,000 | $7,500 | $750–$2,500 per step |
For claims under $10,000, the math is stark. A licensed paralegal charging $150–$250 per hour can consume the entire recoverable cost award in a few hours of work. If the debtor is uncooperative and enforcement requires multiple steps — an examination, a garnishment, a writ — the non-recoverable portion of professional fees can exceed the judgment itself.
This is why the majority of Small Claims Court enforcement at the lower end is done by self-represented creditors. The 15% cap makes professional representation economically irrational for smaller judgments unless the debtor's behaviour justifies a higher cost award.
Enforcement Fees You Can Add to the Judgment
While the 15% cap limits costs other than disbursements, the court fees and Sheriff fees you incur during enforcement are added to the total balance the debtor owes. When you file Form 20P (Affidavit for Enforcement Request) to initiate garnishment or a writ, you include these disbursements in the total claim:
- $68 for each Notice of Examination
- $144 for each Notice of Garnishment
- $68 for each Writ of Seizure and Sale
- $100 Sheriff filing deposit for land writs
- Process server fees for each service attempt
Post-judgment interest under CJA s. 129 (currently 4.0% per annum) accrues on the total amount awarded, including awarded costs. Court-approved enforcement disbursements are added separately to the recoverable balance.
Practical Implications
The 15% rule means self-represented enforcement is not a compromise — for most Small Claims Court judgments, it is the only approach that makes financial sense. The forms are standardized, the procedures are prescribed by regulation, and the free resources at Steps to Justice and the Ontario Court Forms website provide the raw materials.
What the free resources do not provide is an integrated enforcement workflow — the strategic sequence of which tool to use first, how to calculate the running interest balance for each Form 20P filing, and how to handle complications like uncooperative debtors or multiple garnishment targets.
The Enforcing an Ontario Small Claims Court Judgment guide is built for exactly this situation: self-represented creditors who need to handle enforcement themselves because the 15% cost cap makes professional fees unrecoverable. It covers every form, every fee, every filing office, and every deadline in one structured system.
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