Small Claims Court Ontario Fees: Every Cost From Filing to Trial

Court fees in Ontario's Small Claims Court are set by regulation, not by individual courthouses, so they're the same whether you file in Toronto, Ottawa, or Thunder Bay. But the total cost of a case depends on how far it goes — and most people don't budget past the filing fee.

The Fee Schedule

All fees below are prescribed by Ontario Regulation 332/16 under the Administration of Justice Act. The amounts were confirmed through O. Reg. 394/25, which postponed inflation indexing to January 1, 2027.

An "infrequent claimant" has filed fewer than 10 claims at the same court office in the current calendar year. A "frequent claimant" has filed 10 or more. The count is per court office, not province-wide — filing 9 claims in Toronto and 5 in Hamilton means you're infrequent in both locations.

What a Typical Case Actually Costs

The filing fee is just the starting point. Here's what a contested claim costs an infrequent claimant who goes all the way to trial:

If you win and the defendant doesn't pay voluntarily, enforcement adds more:

An uncontested case (defendant doesn't respond) is cheaper: $108 to file plus $94 for a default judgment request, totalling $202.

Costs Beyond Court Fees

Court fees are only what you pay to the court. Other common expenses:

• Process server — $50 to $150+ for personal service on the defendant (you can serve the claim yourself, but many people hire a process server for reliability and to produce a clean Affidavit of Service)
• Corporate profile search — $8 to $12 through the Ontario Business Registry, needed to confirm a business defendant's exact legal name
• Photocopying and courier — varies; the court requires multiple copies of filed documents
• Travel — witness attendance money is $11/day for ordinary witnesses plus mileage

These disbursements are recoverable from the losing party in addition to the standard cost award.

Recovering Your Costs

Under Section 29 of the Courts of Justice Act, the winning party can recover costs up to 15% of the amount claimed, plus court filing fees and reasonable disbursements. On a $20,000 claim, that cap is $3,000 in representation costs on top of the filing fees and expenses you actually incurred.

The 15% cap can be exceeded if the court finds a higher award necessary in the interests of justice to penalize unreasonable conduct during the proceeding. Under Rule 14.07, if you are the plaintiff and make a written settlement offer (Form 14A) at least seven days before trial, do not withdraw it, and obtain a judgment as good as or better than the offer, the court may award up to double the costs of the action.

Fee Waivers for Low-Income Filers

If you can't afford the fees, Ontario Regulation 2/05 provides a fee waiver mechanism. You qualify automatically if your primary income comes from Ontario Works, ODSP, Old Age Security and the Guaranteed Income Supplement, CPP benefits, or War Veterans Allowance, or if you are receiving Legal Aid services for the proceeding.

If you don't qualify automatically, you can still apply based on household income thresholds:

Your household liquid assets must also be below $2,800 and total net worth below $11,100.

Apply using Form FW-A 3 (to the court clerk) or Form FW-A 7 (to a judge, if the clerk denies the request). Fee waivers cover court administrative charges only — not process server costs, travel, witness attendance money, or potential cost awards if you lose.

Corporations and business entities are not eligible for fee waivers.

Budgeting for Your Claim

The minimum cost for a straightforward, uncontested claim is about $202 ($108 filing + $94 default judgment). A contested case going to trial runs at least $449 in court fees alone, plus process server fees and any other disbursements. Factor in enforcement costs if you expect the defendant to resist paying even after judgment.

For the complete filing process — including when each fee is due and how to pay through Justice Services Online — see our Ontario Small Claims Filing Guide.

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