NWT Small Claims Filing Fee and Court Costs
The Fee Schedule at a Glance
Court fees for civil claims in the Territorial Court of the Northwest Territories are set by Schedule A.2 of the Court Services Fees Regulations (N.W.T. Reg. 120-93). Here is what you will pay at each stage:
| Filing action | Fee |
|---|---|
| Statement of Claim (Form 1) | $55 |
| Statement of Defence with Counterclaim (Form 2) | $40 |
| Third Party Notice (Form 8) | $25 |
| Default Judgment application (Form 11) | $25 |
| Notice to Attend / Witness Summons (Form 16) | $25 |
| Writ of Execution (Form 22) | $25 |
| Summons to Payment Hearing (Form 23) | $25 |
| Garnishee Summons (Form 35) | $25 |
| Interlocutory application to Judge | $25 |
| Trial adjournment | $25 |
| Certifying a document copy (after the first) | $15 |
| Searching the clerk's records | $11 |
| Photocopying filed documents | $1/page |
Payment is accepted by cash, certified cheque, money order payable to the "Government of the Northwest Territories," Visa, or Mastercard.
What a Typical Case Costs
A straightforward claim that settles at mediation might cost you only the $55 filing fee plus service costs. A contested claim that goes through trial and enforcement could add up:
- Filing: $55
- Process server or Sheriff service: varies (Sheriff charges $0.50/km travel)
- Default judgment or enforcement filing: $25 per application
- Witness summons: $25 per witness, plus statutory travel allowances
- Writ of Execution or Garnishee Summons: $25
For a claim under $1,000, the fees alone can eat a significant portion of your recovery. Factor this into your decision before filing.
Can You Get Fees Waived?
Section 3 of the Court Services Fees Regulations allows a Territorial Court judge to waive or defer court fees on application. You need to demonstrate financial hardship with detailed financial disclosure.
If you are receiving representation or coverage through the NWT Legal Aid Commission, filing and registry fees are automatically waived under Section 4. Legal Aid generally does not cover civil small claims representation; contact the Commission to confirm whether your matter is covered.
The Legal Aid Outreach Clinic provides up to one hour of free legal advice to any NWT resident regardless of income. It is a summary advice service — the clinic cannot file documents or represent you in court. Call 1-844-835-8050.
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Can You Recover Your Costs?
If you win, the judge may order the defendant to reimburse some of your filing fees and disbursements as part of the Payment Order (Form 21). Cost awards are discretionary, and the judge considers factors like the complexity of the case, whether either party behaved unreasonably, and whether a rejected Form 19 Offer to Settle should trigger cost consequences.
Do not count on full cost recovery. The Territorial Court's civil claims process is designed to be low-cost and accessible, and cost awards tend to be modest.
For a full walkthrough of every fee, payment method, and fee-waiver application — plus a cost estimator worksheet — see the NWT Small Claims Filing Guide.
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