Legal Costs and Fee Recovery in New Brunswick Small Claims Court

Winning a small claims case in New Brunswick does not automatically mean you get your legal costs back. The rules around cost recovery are tighter than most people expect, and understanding them before you get to the hearing helps you plan realistically.

The 15% Cap on Legal Expenses

If you hire a lawyer or paralegal for your small claims case and you win, the hearing officer can award you compensation for legal expenses — but the amount is capped at 15% of the amount of the claim. On a $5,000 claim, that is a maximum of $750 in recoverable legal fees regardless of what you actually paid your lawyer.

This cap is one of the main reasons most small claims litigants in New Brunswick represent themselves. As one commenter on r/legaladvicecanada put it, the math often does not work: you can spend more on legal help than you will ever recover in costs, even if you win.

Filing Fees and Disbursements

Filing fees are a different category. The $50 response fee (or $150 if you filed a counterclaim over $3,000), service costs, photocopying charges ($0.50 per page), and witness attendance allowances are disbursements that can be claimed as part of your costs if you prevail. The hearing officer has discretion over whether to award them and how much.

Keep receipts for every expense related to the case — filing fees, postage for registered mail, document certification ($10 per copy), and travel costs for attending hearings. You cannot claim what you cannot document.

Self-Represented Litigants and Costs

If you represent yourself, you cannot claim legal fees because you did not pay any. But you can still claim your filing fees and out-of-pocket disbursements if the hearing officer awards costs in your favour. Some jurisdictions allow self-represented litigants to claim for time lost, but New Brunswick's rules do not provide an explicit mechanism for this in small claims.

Costs Against You

Costs can go both ways. If you lose, the hearing officer can order you to pay the other side's filing fees and disbursements, plus up to 15% of the claim amount for their legal expenses. Factor this into your decision about whether to dispute, settle, or admit. On a $20,000 claim, a costs award against you could add up to $3,000 in legal-expense reimbursement on top of the judgment amount.

The Practical Takeaway

For most New Brunswick small claims cases, the economics push toward self-representation. The 15% cap means you are unlikely to recover the full cost of a lawyer, and the risk of a costs award against you makes frivolous disputes expensive. Focus your budget on organizing evidence and preparing for the hearing rather than on legal representation.

Our New Brunswick small claims response guide covers costs and fees throughout the process, with a filing-cost worksheet that helps you track every disbursement for potential recovery.

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