Ontario Small Claims Court Fee Waiver
Who Qualifies for a Fee Waiver
Filing a Plaintiff's Claim in Ontario Small Claims Court costs $108 for infrequent claimants ($228 for frequent claimants); setting a trial date costs $308 for infrequent claimants ($403 for frequent claimants). Ontario Regulation 2/05 under the Administration of Justice Act lets individuals apply to have those court fees waived. The court reviews each request and decides whether to grant it.
The court may approve a waiver if your main source of household income is from Ontario Works, the Ontario Disability Support Program, the Old Age Security Pension and Guaranteed Income Supplement, Canada Pension Plan benefits, or the War Veterans Allowance. It may also approve a waiver if your lawyer is being paid by a Legal Aid Certificate for the proceeding.
If none of those apply, you can still qualify by meeting the gross household income thresholds set out in the regulation:
| Household Size | Gross Annual Income Limit | Gross Monthly Income Limit |
|---|---|---|
| 1 person | $33,100 | $1,500 |
| 2 persons | $49,600 | $2,250 |
| 3 persons | $57,300 | $2,583 |
| 4 persons | $68,700 | $3,083 |
| 5+ persons | $80,200 | above $3,083 |
Your household liquid assets must also be below $2,800, and total household net worth must be below $11,100. Corporations, partnerships, sole proprietorships, and other business entities cannot apply for a fee waiver — this is strictly for individuals.
How to Apply: Form FW-A 3 and Form FW-A 4
If you meet the financial requirements, use Form FW-A 3 (Fee Waiver Request to Registrar, Clerk or Sheriff). Fill it out with your income details and supporting documents, then submit it to court staff where you are filing your claim.
If you do not meet the listed financial requirements but cannot afford the fees, use Form FW-A 4 (Fee Waiver Request to Court) so a judge can assess your financial situation.
Both forms are available on the Ontario Court Forms website. Community Legal Education Ontario's Guided Pathways tool can also walk you through the form fields interactively.
What Fees Are Covered (and What They Are Not)
A fee waiver certificate covers the official administrative charges the court collects: filing fees, defence fees, motion fees, default judgment fees, trial-setting fees, and garnishment fees.
It does not cover private costs you incur outside the court system. That means you still pay for process servers if you hire one (though you can serve documents yourself or ask a friend to do it), travel expenses, witness attendance allowances, court transcript fees, and bailiff enforcement disbursements. A fee waiver also does not protect you from an adverse cost award if the judge orders you to pay a portion of the other side's costs.
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Next Steps After Getting a Waiver
Once your fee waiver is approved, you can file your Plaintiff's Claim (Form 7A) without paying the applicable filing fee. The waiver certificate covers eligible fees for that proceeding as they come up.
If you need step-by-step guidance on preparing and filing your claim — from writing a demand letter through serving the defendant and preparing for the settlement conference — our Ontario Small Claims Court filing guide walks you through the entire process in plain language.
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