Who Pays Court Costs in Saskatchewan Small Claims Court?

The General Rule: Loser Pays (With a Cap)

In Saskatchewan Provincial Court, the judge can award costs to the successful party — but the amount is capped by statute. Under section 36(3) of The Small Claims Act, 2016 and section 6 of the Regulations, the maximum costs awarded (excluding filing fees and witness travel) is the greater of C$200 or 10% of the claim amount.

On a C$5,000 claim, that's C$500. On a C$40,000 claim, C$4,000. On a C$1,500 claim, the minimum C$200 applies.

These aren't lawyer fees — most small claims litigants represent themselves, and the court doesn't award private legal costs the way the Court of King's Bench does. Costs in Small Claims Court cover the successful party's filing fees, witness expenses, and a contribution toward the time and effort of pursuing or defending the case.

What's Included in a Costs Award

Filing fees that the winning party paid — the C$100 summons fee (for claims over C$2,000), the C$50 Form B filing fee, or the C$50 counterclaim fee — are typically recoverable on top of the statutory costs cap.

Witness expenses are also recoverable: C$15 per day for ordinary witnesses and C$40 per day for professional or expert witnesses, plus a mileage allowance for witnesses who travel more than 20 kilometres to the courthouse.

The cap applies to the general costs award, not to the specific out-of-pocket disbursements like filing fees and witness conduct money, which are usually added separately.

How Costs Affect Your Decision

If you're a defendant weighing whether to dispute a C$8,000 claim or settle, factor in the potential costs exposure. If you lose at trial, you'd owe the claimed amount plus up to C$800 in costs and the plaintiff's filing fees. If you win, you can recover your own filing fee and up to C$800 from the plaintiff.

The relatively modest costs cap is deliberate — Saskatchewan's small claims system is designed to be accessible, and the risk of a massive costs award shouldn't deter people from using the court. But it also means that winning doesn't make you whole in terms of time and preparation effort. Settlement at the CMC avoids the costs risk for both sides.

When Costs Are Not Awarded

Costs aren't automatic. The judge has discretion over whether to award them and how much. In cases where both parties had reasonable positions — say, a dispute over workmanship where the judge splits the difference — the judge might order each side to bear their own costs.

If a case is dismissed on jurisdictional grounds (for example, a standard residential tenancy dispute within the ORT's mandate), the judge may award costs to the defendant who raised the jurisdictional objection.

The Saskatchewan Small Claims Response Guide includes a settlement calculator that factors in potential costs exposure to help you evaluate whether settling or proceeding to trial is the better financial decision.

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