Court fees in Small Claims Court, and the fee waiver
Every Small Claims Court fee in 2026, and who can get the fees waived.
By the Make Them Pay team · reviewed 2026-08-23 · 3 min read
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 (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 |
| Copies | $1 per page ($4 per certified page) |
A frequent claimant is a claimant with 10 or more claims in the same office in one calendar year. Court fees change on January 1, 2027, with inflation.
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 your main 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
- a Legal Aid Ontario certificate for this case
If not, you must meet all 3 of these tests:
- Gross household income below the limit: $33,100 (1 person), $49,600 (2), $57,300 (3), $68,700 (4), $80,200 (5 or more).
- Liquid assets below $2,800.
- Household net worth below $11,100.
These limits apply through 2026 and change on January 1, 2027.
What to do
- Check the automatic list above first.
- If it does not apply, compare your income and assets with the 3 tests.
- Complete fee waiver Form FW-A-3 and give it to the court clerk.
- If you do not meet the tests, you can ask a judge with Form FW-A-4.
- Bring proof of your income and your benefits.
In most cases, the waiver does not cover bailiff enforcement costs.
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.
Free tools
- Check if your claim is worth it: /check
- Write a demand letter: /demand-letter
- Fill in your court forms: /build/7a
- Calculate your deadlines: /calculators/deadlines
Primary sources
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