Yukon Small Claims Court Costs: Who Pays and How Much

The Filing Fees

Yukon's Small Claims Court fees are modest compared to Supreme Court litigation. As a defendant filing a Form 02 Reply to dispute a claim, you pay $25. If you're admitting the full amount and paying, there's no fee at all.

Filing a Form 03 Counterclaim adds to the cost: $50 for counterclaims up to $5,000, and $100 for counterclaims above $5,000. A Form 08 Notice of Application—used for interim requests like extensions of time or setting aside a default judgment—carries the standard tariff rate.

Fee waivers are available. If you can demonstrate financial hardship, you can apply to have fees reduced or waived entirely. This doesn't affect the substance of your case—just the cost of accessing the court system.

Witness Costs

If you need to compel a witness to testify using a Form 17 Summons to Witness, you must tender statutory witness fees and travel allowances (conduct money) at the time you serve the summons. The amounts follow the court tariff and cover the witness's attendance at trial and reasonable travel expenses.

Witnesses who appear voluntarily don't receive statutory fees, though you might choose to reimburse their travel costs informally.

Who Pays After Judgment

In Yukon Small Claims Court, the successful party is entitled to disbursements as assessed by the court clerk, unless the court orders otherwise. These may include filing fees, witness fees, and basic out-of-pocket expenses like document copying and postage.

The Regulations provide for recovery of assessed disbursements; don't assume that hiring a lawyer means the other side will pay your full legal bill if you win.

For an application, the court may award costs if it finds the application should not have been brought or opposed, or was necessary because a party defaulted. Those application costs are capped at $250 unless special circumstances apply.

The Forum Selection Cost Trap

There's an important cost rule for cases that start in the wrong court. Under Rule 60(10) of the Supreme Court Rules, a plaintiff who files in the Supreme Court but recovers an amount within Small Claims Court jurisdiction ($25,000 or less) is generally not entitled to costs beyond disbursements, unless the Supreme Court finds sufficient reason for bringing the case there and orders otherwise. This rule discourages litigants from using the more expensive Supreme Court forum for claims that belong in Small Claims Court.

As a defendant, this matters if the plaintiff is threatening to escalate to the Supreme Court. If they file there and recover $25,000 or less, costs beyond disbursements are generally unavailable unless the court finds sufficient reason for bringing the case there and orders otherwise.

Calculating Your Exposure

Before deciding whether to fight the claim or settle, add up the potential costs:

• $25 filing fee for your Form 02 Reply if you dispute all or part of the claim
• Witness fees if you need to summons anyone
• Document costs — copying, postage, printing your evidence binder
• Time — attending the pre-trial conference and trial means time away from work
• Risk — if you lose, you may owe the winning party's assessed disbursements on top of the judgment amount

Compare that total against what a reasonable settlement might look like. For smaller claims, the cost of fighting can approach or exceed the disputed amount itself.

The Responding to a Small Claim in Yukon guide includes a cost-benefit worksheet that helps you map out the financial picture before you decide whether to dispute, settle, or admit.

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