Small Claims Court Fees Nova Scotia: Filing Costs and Fee Waiver Rules
Current Filing Fees
Nova Scotia Small Claims Court fees are set by provincial regulation. Here's the complete schedule:
| Action | Fee |
|---|---|
| Notice of Claim — under $5,000 | $99.70 |
| Notice of Claim — $5,000 to $25,000 | $199.35 |
| Notice of Claim — personal property return only | $99.70 |
| Counterclaim | Same tier as original ($99.70 or $199.35) |
| Transfer from Supreme Court (Form 4) | $99.70 |
| Residential tenancy appeal — under $2,000 | $33.00 |
| Residential tenancy appeal — $2,000 to $4,999 | $99.70 |
| Residential tenancy appeal — $5,000 to $25,000 | $199.35 |
| Witness subpoena allowance | $5.00 + $0.20/km one-way |
| Supreme Court appeal filing | $145.80 |
Payment is accepted by cash, Interac debit, certified cheque, or money order payable to the "Minister of Finance." Personal cheques are not accepted.
Fee Waiver Eligibility
If your household income falls below certain thresholds, you can apply to have the filing fee waived entirely. Submit Form 14 (Application for Waiver of Fee) at the time you file your claim. For residential tenancy appeals, use Form C instead.
The income thresholds are based on gross monthly income:
| Household | Maximum Monthly Income |
|---|---|
| Single adult, no dependants | $1,067 |
| 1 adult + 1 child | $1,416 |
| 1 adult + 2 children | $1,700 |
| 1 adult + 3 children | $1,924 |
| 2 adults, no dependants | $1,424 |
| 2 adults + 1 child | $1,708 |
| 2 adults + 2 children | $1,932 |
| 2 adults + 3 children | $2,156 |
You'll need to provide financial proof with your application — a current pay stub, income assistance stub, your most recent CRA tax return or Notice of Assessment, or (if you have zero income) a letter from a doctor, clergy member, or social worker confirming that.
An approved waiver covers the filing fee plus some extras: up to 25 free photocopies, 3 free court file searches, and free oath administration for your Affidavit of Service.
What Costs Can You Recover If You Win?
Winning your case lets the adjudicator award you your actual out-of-pocket court costs:
- Your filing fee ($99.70 or $199.35)
- Process server or sheriff fees
- Witness travel allowances
What you cannot recover: lawyer fees or representative charges. This is a statutory rule under the Small Claims Court regulations — even if you hire a lawyer and win, their bill is entirely on you. This is one reason most people handle small claims cases themselves.
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The Real Cost of Filing
Beyond the court fee, budget for:
- Process server: $100–$150 CAD in the Halifax area, plus mileage for rural locations. You can avoid this cost by having a friend or family member (over 18) serve the documents personally.
- Witness subpoena: $5.00 plus $0.20 per kilometre of one-way travel, paid in cash or certified funds when the subpoena is served.
- Copies: Three sets of your evidence binder (one for you, one for the adjudicator, one for the defendant). A few dollars at a print shop.
Pre-judgment interest at 4% per annum applies if your contract does not set a rate; if it does, use the contractual rate. You can claim this on top of your principal amount and filing costs.
Is the Filing Fee Worth It?
Consider what you're claiming. A $6,000 unpaid contractor deposit costs $199.35 to file — about 3.3% of the claim. If the defendant doesn't respond within 20 days, you can request a default judgment without even attending a hearing. Lawyer fees can add to the cost and are not recoverable as representation costs in Small Claims Court.
You can ask the adjudicator to award the filing fee as a cost; if it is awarded, it offsets your out-of-pocket filing cost.
For a walkthrough of every fee and cost involved — including a filing fee calculator worksheet and instructions for the fee waiver application — the Nova Scotia Small Claims Filing Guide has the complete breakdown.
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