PEI Small Claims Filing Fee and Court Costs Explained
Filing a small claim in Prince Edward Island is one of the cheapest ways to recover money through the courts. Official filing fees are set by regulation, and the court may award some costs if you win.
The Filing Fee
The fee to file a Statement of Claim (Form 7A) in PEI's Small Claims Section is $50 CAD. This is set by the Fees Regulations under the Court Fees Act. If the defendant files a counterclaim (Form 10A), they pay the same $50. Filing a Statement of Defence (Form 9A) costs $25 CAD.
Filing a Notice of Motion — for things like adjournments or procedural requests — costs $40.
All official court fees are exempt from HST.
Service Costs
You need to serve the defendant after filing. The Sheriff's office charges $50 per hour or attempt plus travel costs. A private process server may charge more or less depending on location and difficulty.
Private process servers may charge about $50–$150, depending on location and difficulty. Difficult defendants — the ones who avoid the door — can push that higher with multiple attempts or the need for substitutional service.
Witness Fees
If you summon a witness with Form 18A, you owe them an attendance allowance of $25 per half-day plus travel at $0.24–$0.254 per kilometre. Expert witnesses can claim up to $350 per day, subject to assessment by the Prothonotary.
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Fee Waivers
If paying the $50 filing fee would cause financial hardship, PEI has a fee waiver process under the Waiver Regulations. You submit a written Application for Waiver or Reduction of Fees to the Prothonotary before filing your claim, along with proof of hardship (social assistance records, income statements, or a financial hardship affidavit).
If approved, the registry accepts your filings without charge. The waiver covers court fees only — it does not protect you from paying the other side's costs if you lose.
Can You Recover These Costs?
If you win, the court may award costs under Rule 74.19. Filing fees, service charges, and allowable witness expenses may be included, but whether costs are awarded and their amount are up to the court.
A full fee schedule, the waiver application process, and the cost-recovery rules are covered in the PEI Small Claims Filing Guide.
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