How much does Small Claims Court cost in Ontario?

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

Court fees in Ontario Small Claims Court are $202 for an undefended claim and $416 for a claim that goes to trial. That is $108 to file plus $94 for a default judgment, or $108 plus $308 for a trial date. Service, your time, and any representation are extra. If you win, the court can order the defendant to repay your reasonable disbursements. A costs order is not cash. You still collect it. For the full path, read how Small Claims Court works in Ontario.

What to do

1. Pick your route in the table below. Add up the court fees.
2. Budget for service. A process server charges a fee [VERIFY typical price]. Read how to serve someone in Ontario.
3. Decide who represents you. Prices vary; see /pricing for ours.
4. Low income? Check the fee waiver in the court fees guide.
5. Compare the total with the amount and the chance to collect.
6. Serve an Offer to Settle early. A party who beats their own offer can get up to double costs.

What are the court fees for each route?

Route	Court fees	Total
Undefended claim, default judgment	$108 to file + $94 default judgment	$202
Defended claim, settles at the conference	$108 to file	$108
Defended claim, to trial	$108 to file + $308 trial date	$416
Frequent claimant, undefended	$228 + $128	$356
Frequent claimant, to trial	$228 + $403	$631
Defend a claim	$77 Defence	$77
Defend and make a Defendant's Claim	$77 + $108	$185
A motion, for example for substituted service	$127	$127
Enforce: one writ and one garnishment	$68 + $144	$212

All amounts are from O. Reg. 332/16, as stored 2026-01-06. A frequent claimant has already filed 10 or more claims in the same office in the calendar year. Fees change on January 1, 2027. The cost calculator adds up the fees for your route: /calculators/costs.

What else does a case cost?

• Service. A process server charges a fee [VERIFY typical price]. If you serve the papers yourself, the cost is your time and postage.
• Your time. The forms, service, a video conference, and a trial day in person.
• Representation. A lawyer or a licensed paralegal can act for you. Prices vary.
• Enforcement. A judgment does not pay itself. A writ or a notice of examination costs $68, and a garnishment $144.

What can you get back if you win?

The court can order the losing party to pay costs. The rules set these limits:

• Disbursements: court fees, service costs, and other reasonable expenses. Service costs count up to $60 for each person served [VERIFY]. Amounts paid to prepare the claim or the Defence count up to $200.
• Representation fee: a reasonable amount for a lawyer or a paralegal at trial. The cap is 15% of the amount claimed, unless the court adds a penalty.
• Self-represented: up to $500 for inconvenience and expense.
• Penalty: the court can order more against a party who complicated or prolonged the case.
• Offers to settle: beat your own offer and the court can double your costs. A self-represented party can get up to $1,500 more. Read the Offer to Settle guide.
• Prejudgment interest: from the day the claim arose to the judgment, at 2.5% in 2026. Postjudgment interest is 4.0% in 2026. A contract rate replaces the court rate.

The costs order is part of the judgment. You collect it the same way you collect the debt. Read how to collect.

Worked example: an $8,500 claim

The example uses court fees only. Assumptions: an infrequent claimant, one defendant, you serve the claim yourself, no motion, no representation. The court decides costs in each case. The table shows the maximums the rules allow, not a forecast.

Item	Settles at the conference	Goes to trial, and the court finds for you
File the claim	$108	$108
Trial date	$0	$308
Court fees paid	$108	$416
Court fees recoverable	As agreed in the settlement	Up to $416, as disbursements
Self-represented award	As agreed in the settlement	Up to $500
Prejudgment interest, 2.5% for 1 year (assumed)	As agreed in the settlement	$212.50
Enforcement, if needed: one writ and one garnishment	$0	$212 more, recoverable as disbursements

A settlement at the conference costs less in fees and time. A trial costs more, and the court can order the other side to repay the fees.

Deadlines and fees

These numbers apply in 2026. Court fees change on January 1, 2027.

• File the claim: $108, or $228 for a frequent claimant.
• Offer to Settle: serve it at least 7 days before trial for the double-costs rule.
• Trial date: $308, or $403 for a frequent claimant.
• Fee waiver: if your household income is low, you can ask the clerk to waive the fees.

Common mistakes

• Do not budget only the filing fee. The trial date fee is $308, and enforcement adds more.
• Do not expect the full cost of a lawyer back. The cap is 15% of the amount claimed.
• Do not throw away receipts. A disbursements claim needs proof.
• Do not skip the collection check. A judgment against a defendant with no assets returns nothing.

Questions people ask

How much does it cost to sue someone in Ontario?

The court fee to file a claim is $108, or $228 for a frequent claimant (O. Reg. 332/16, as stored 2026-01-06). An undefended claim costs $202 in total, with the $94 default judgment fee. A claim that goes to trial costs $416, with the $308 trial date fee. Service and representation are extra.

Do I get my court fees back if I win?

The court can order the losing party to repay your reasonable disbursements, and court fees are disbursements (rule 19.01(1)). The order is part of the judgment, so you collect it with the debt (rule 20). Keep every receipt.

Can I get my lawyer's fees back in Small Claims Court?

In part. The court can award a reasonable representation fee for a lawyer or a paralegal at trial (rule 19.04). The cap is 15% of the amount claimed (Courts of Justice Act, s. 29; rule 19.07). The court can go above the cap only as a penalty for unreasonable conduct. On a $10,000 claim, the cap is $1,500.

How much does it cost to defend a Small Claims Court claim?

The court fee to file a Defence is $77 (O. Reg. 332/16, as stored 2026-01-06). A Defendant's Claim against the plaintiff or another person costs $108 more. If you lose, the court can order you to pay the plaintiff's costs (rule 19.01).

Is it worth suing for a small amount?

It depends on 3 things: the amount, the strength of your documents, and the defendant's ability to pay. The court fees are the same for a $1,000 claim and a $50,000 claim (O. Reg. 332/16). Read is your claim worth it, then use the free checker at /check.

What if I cannot afford the court fees?

You can ask for a fee waiver (O. Reg. 2/05). The waiver is automatic if your main household income is a listed benefit, such as Ontario Works or the Ontario Disability Support Program. Otherwise, you must meet 3 tests on income, liquid assets, and net worth. The tests and the forms are in the court fees guide.

Does a Small Claims Court judgment include interest?

Yes, if you ask for it in the claim. Prejudgment interest runs from the day the claim arose to the judgment (Courts of Justice Act, s. 128). The 2026 rate is 2.5%. Postjudgment interest runs from the judgment until payment, at 4.0% in 2026 (s. 129).

When to get a lawyer

Get legal advice if the amount is large, the facts are in dispute, or the other side has a lawyer. A lawyer can also tell you what a costs order is likely to cover in your case. 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