Guides · reviewed 2026-09-04

Court fees in Small Claims Court, and the fee waiver

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

You pay set fees at set steps: $108 to file a claim, $77 for a Defence, $308 for a trial date. If your income is low, you can ask for a fee waiver.

The fees (through December 31, 2026)

Step Fee
File a claim $108 ($228 for a frequent claimant)
File a Defence $77
File a Defendant's Claim (Form 10A) $108
File a notice of motion $127
Fix a trial or assessment date $308 ($403 for a frequent claimant)
Request a default judgment $94 ($128 for a frequent claimant)
Summons to a witness $33
Certificate of judgment $30
Writ of seizure and sale, writ of delivery, or notice of examination $68
Issue or renew a notice of garnishment $144
Send the file to the Divisional Court for an appeal $105
Copies $1 per page ($4 per certified page)
Bailiff, per attempt to enforce a writ $38 ($64 where a sale is necessary)
Witness attendance money $11 per day ($27 for a professional witness who is not a party), plus travel

A frequent claimant is a claimant with 10 or more claims already filed in the same office in that calendar year. A Defendant's Claim does not count. A fee paid on electronic filing is not paid again for a paper copy. Court fees change on January 1, 2027, with inflation, and every 3 years after.

A contested claim to trial costs $416 in court fees: $108 plus $308. Service costs are extra. A claim with no Defence costs $202: $108 plus $94. If you win, the court can order the defendant to repay your fees.

The fee waiver

You qualify without an income test if the main source of your household income is one of these:

  • Ontario Works or the Ontario Disability Support Program
  • Old Age Security plus the Guaranteed Income Supplement
  • Canada Pension Plan benefits
  • War Veterans Allowance
  • Legal Aid Ontario approved your application for this case

If not, you must meet all 3 of these tests:

  1. Gross household income below the limit: $33,100 (1 person), $49,600 (2), $57,300 (3), $68,700 (4), $80,200 (5 or more).
  2. Household liquid assets below $2,800.
  3. Household net worth below $11,100.

These limits apply through 2026. They change on January 1, 2027, with inflation.

What the waiver does not cover

The waiver does not cover bailiff disbursements, sheriff disbursements, witness fees, transcripts, or mediator fees.

What to do

  1. Check the automatic list above first.
  2. If it does not apply, compare your income and assets with the 3 tests.
  3. Complete fee waiver Form 3 (FW-A-3) and give it to the court clerk, or file it online.
  4. If you do not meet the tests, you can ask a judge with Form 4 (FW-A-4).
  5. Bring proof of your income and your benefits.

Common mistakes

  • Do not pay a fee before you check the waiver.
  • Do not forget the enforcement fees in your budget: $68 for a writ, $144 for a garnishment.
  • Fees change on January 1, 2027. Check the current number before you pay.
  • The frequent-claimant rate applies from your 11th claim in the same office in one year.

When to get a lawyer

Get legal advice if you are not sure your claim is worth the fees. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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