
Small Claims Court Ontario Fees: What You Need to Know
Navigating Small Claims Court in Ontario can seem daunting, but understanding the associated fees is crucial for both plaintiffs and defendants. While designed to be more accessible than higher courts, costs can accumulate as your case progresses.
Important Update: As of October 1, 2025, the monetary jurisdiction of Small Claims Court in Ontario will increase to $50,000. This change allows for larger claims but may also introduce more complex cases and higher stakes.Initial Filing Fees
The first step for most plaintiffs is filing a Plaintiff’s Claim (Form 7A). Here’s a breakdown of the initial filing fees:
- Filing Fee (Infrequent Claimant): $108
- (For those filing fewer than 10 claims per year in the same court office)
- Filing Fee (Frequent Claimant): $228
- (For those filing 10 or more claims per year in the same court office)
Always confirm current rates with the Ministry of the Attorney General or a licensed paralegal, as these fees can change.Defendant Filings
If you are a defendant, you may also incur fees:
- Defence (Form 9A): $77
- Defendant’s Claim (Form 10A): $108 (same as the Plaintiff’s initial filing fee)
Note: It was a common misconception that filing a Defence had no fee; this is incorrect. A Defence filing does require payment.Additional Court Costs Throughout the Process
As your case progresses, other fees may arise:
Step / Action | Current Fee |
Request for Default Judgment | $94 |
Notice of Motion / Motion Hearing | $127 |
Fixing a Trial or Assessment Hearing Date | $308 (infrequent) / $403 (frequent claimant) |
Issuing a Summons to a Witness | $33 |
Notice of Garnishment | $144 |
These Small Claims Court Ontario fees are outlined in Ontario Regulation 332/16 under the Small Claims Court – Fees and Allowances.
Tip: Frequent claimant fees apply once a party has filed 10 or more claims in the same court office within the calendar year.Enforcement Costs
If you win your case but the other party doesn’t pay voluntarily, you might need to take enforcement steps, such as garnishment proceedings or filing a Writ of Seizure and Sale. While these costs can often be recovered from the losing party if the court awards costs, you must pay them upfront.Process Server and Disbursement Fees
Beyond court fees, you might face third-party costs for proper service of documents:
- Process Server Fees: Typically $60–$100 per document, depending on distance, number of attempts, and urgency.
- Other Disbursements: This can include postage, courier charges, or photocopying fees.
These are not paid to the court, but proper service is essential to avoid delays or even dismissal of your case.Legal Representation and Recoverable Costs
While self-representation is an option, hiring a licensed paralegal can significantly enhance your case strategy and efficiency.
- Paralegal Fees: Vary depending on the complexity of the case and preparation required.
- Cost Recovery: Generally capped at 15% of the total claim. This limit may be exceeded if the other party acted unreasonably or in bad faith.
A skilled representative can help ensure you meet deadlines and avoid costly mistakes, providing valuable guidance on Small Claims Court Ontario fees and procedures.A Prudent Legal Strategy
Small Claims Court may appear straightforward, but multiple steps, each with their own costs, can quickly escalate your expenses. Budget wisely and consider both mandatory fees and optional services like paralegal assistance and professional document service. Being financially and legally prepared gives you a better chance at a smooth, successful case.Need Expert Guidance on Small Claims Court Ontario Fees?
For clear advice on court fees and effective legal strategy, contact:
MTS Paralegal Services
15 Schneider Ave, Unit A2, Kitchener, Ontario
(226) 444-4882
Tim and his team provide trusted legal support for Small Claims Court matters across Ontario, helping you prepare and navigate the process with confidence.
This content does not constitute legal advice. For up-to-date guidance or legal advice specific to your situation, please contact MTS Paralegal Services or call (226) 444-4882.