Small Claims Court

Can you get your costs back if you win in Small Claims Court?

Last updated October 7, 2026.

Partly. The winner in Ontario Small Claims Court is usually entitled to reasonable disbursements, such as court and service fees. Other costs are capped by section 29 of the Courts of Justice Act at 15% of the amount claimed, unless the court is penalizing unreasonable behaviour. A self-represented winner can get up to $500 for inconvenience and expense.

So the loser rarely pays everything. On a $10,000 claim, for example, costs other than disbursements cannot exceed $1,500 without a penalty finding. Knowing those limits at the start helps you decide how hard to push and when to settle. Our page on help with Small Claims Court cases explains how Carson Frankum, a licensed paralegal in Hamilton, can help you weigh the numbers.

How are costs decided, step by step?

Costs come from section 29 of the Courts of Justice Act and Rule 19 of the Rules of the Small Claims Court (O. Reg. 258/98), which O. Reg. 3/25 rewrote in part on June 1, 2025. Here is how they are usually dealt with.

You keep track as the case goes on. Every receipt counts: the filing fee, the process server, photocopies, travel, a repair estimate or report you paid for. If you are not sure what each step costs, our page on Small Claims Court fees lists them.
Smaller costs can be ordered along the way. The costs of a settlement conference, a motion or a trial management conference, other than disbursements, cannot exceed $100 each unless the court finds special circumstances (rules 13.10, 15.07 and 16.1.07). A party who misses a settlement conference or arrives so unprepared that it fails can be ordered to pay costs (rule 13.02(5) and (7)).
The judge decides the case first. Costs come after liability and the amount owed are decided. That is also the moment any written offer to settle can be shown to the judge (rule 14.04). Our page on what happens at a Small Claims trial explains the order of the day.
The winner asks for costs. A successful party is entitled to reasonable disbursements paid by the unsuccessful party, unless the court orders otherwise (rule 19.01(1)). A represented winner may ask for a reasonable representation fee (rule 19.04). A self-represented winner may ask for up to $500 for inconvenience and expense (rule 19.05).
The court applies the cap. Costs other than disbursements cannot exceed 15% of the amount claimed or of the value of property claimed, unless the court considers it necessary to penalize a party or representative for unreasonable behaviour (Courts of Justice Act s. 29). Rule 19.07 confirms that every costs power in Rule 19 is subject to that section.
The clerk assesses disbursements. The clerk works out the disbursement figures under the regulations made under the Administration of Justice Act, and that assessment can be reviewed by the court (rule 19.01(2)).
The costs become part of the judgment. Money owing under an order, including costs, earns postjudgment interest from the date of the order (Courts of Justice Act s. 129(1)). Prejudgment interest is not added to costs (s. 128(4)(c)).

What a successful party can recover in Small Claims Court
Item	What it covers	Limit	Source
Disbursements	Reasonable out-of-pocket expenses, including service, preparing a claim or defence, travel, accommodation, photocopying, reports and electronic filing fees	Reasonable; outside the 15% cap	r. 19.01(1), (1.1)
Service of documents	Amounts paid to serve each person	$60 per person served, unless special circumstances	r. 19.01(3)
Preparing a claim or defence	Amounts paid to have the claim or defence prepared	$200	r. 19.01(4)
Representation fee	A lawyer, student-at-law or paralegal's work at trial or an assessment hearing	Reasonable, within the 15% cap	r. 19.04; CJA s. 29
Compensation for a self-represented winner	Inconvenience and expense	$500	r. 19.05
Settlement conference, motion or trial management conference costs	Costs of that step, other than disbursements	$100 each, unless special circumstances	r. 13.10, 15.07, 16.1.07
Offer to settle beaten at trial	Up to twice the costs, plus up to $1,500 for a self-represented party	Conditions in r. 14.07	r. 14.07
Penalty for unreasonable behaviour	A party or representative who unduly complicated or prolonged the case	The only route above 15%	r. 19.06; CJA s. 29

Why does Ontario cap costs at 15%?

The cap limits what either side risks: a loser is not exposed to the winner's full professional bill. The trade-off is that a winner who hired help will usually recover only part of what they spent. On a $10,000 claim, for example, the costs other than disbursements are capped at $1,500, which may be well below what a party spent on representation. Our existing article on the benefits of hiring a paralegal for Small Claims disputes looks at that decision from the other side.

Two features of section 29 are worth noticing. First, the cap is 15% of the amount claimed, not the amount awarded. Second, disbursements sit outside the cap entirely, so court fees and service costs are recovered on top of it, subject to the limits in rule 19.01.

What changes the answer?

Whether you had a representative. A self-represented winner does not get a representation fee; the $500 compensation under rule 19.05 is the usual route. A represented winner may get a reasonable representation fee under rule 19.04. Both sit within the 15% cap.
A written offer to settle. If you made a written offer at least seven days before trial, it stayed open, and the judgment matched or beat it, the court may award up to twice the costs, and a self-represented party may also get up to $1,500 (rule 14.07). Our page on offers to settle explains the conditions.
Unreasonable behaviour. If a party or representative unduly complicated or prolonged the case or otherwise acted unreasonably, the court may order a penalty under section 29 (rule 19.06), which can exceed the 15% ceiling.
Mixed results. Costs are in the court's discretion (Courts of Justice Act s. 131), and the right to disbursements applies "unless the court orders otherwise" (rule 19.01(1)). A partial win, or a claim that was much larger than the result, can affect what the judge orders.
Settling instead. If an accepted offer says nothing about costs, the plaintiff is entitled to disbursements only up to a set date (rule 14.05(4)). If you settle, write the costs into the deal.
Smaller claims and big claims. The cap rises with the claim, up to $7,500 on a claim at the $50,000 limit. If you gave up part of a larger debt to stay in this court, see waiving the amount over the limit, and check how much you can sue for first.
Adjournments and witness summonses. When the court adjourns a trial, it can require one party to pay the other an amount as compensation for inconvenience and expense (rule 17.02(2)). A party who abuses the power to summons a witness can be ordered to pay that witness directly (rule 18.03(8)). These awards stand apart from the end-of-trial costs.
Losing. The same rules run in reverse. If you lose, you may be ordered to pay the winner's reasonable disbursements and costs within the same limits.

A worked example: the bathroom that leaked

For example, imagine a Hamilton homeowner named Elena who paid a contractor to redo her bathroom, then found the shower leaking into the ceiling below. She sued for $12,000, the cost of tearing out and redoing the work, and represented herself. (For more on claims like this, see suing a contractor in Small Claims Court.)

Along the way she paid a $108 filing fee, a process server to serve the one defendant, $308 to fix the trial date, $33 to issue a summons for the plumber who found the leak, his attendance money, and a fee for a written report from a second contractor. The judge found the contractor liable and awarded $10,000.

At the costs stage, Elena asked for her disbursements and for compensation as a self-represented party. Her reasonable disbursements, including the fees and the report, could be ordered on top of the judgment, with service assessed at no more than $60 for the one person served unless there were special circumstances. Her compensation for inconvenience and expense was capped at $500. The 15% ceiling on costs other than disbursements was $1,800, based on her $12,000 claim, so it did not limit her. She had not made a written offer to settle, so rule 14.07 played no part. Whatever the judge ordered would then carry postjudgment interest until paid.

Common mistakes about costs

Expecting the loser to pay your whole professional bill. The 15% cap makes that unusual. Budget on the assumption that only part of what you spend comes back.
Not keeping receipts. Disbursements must be reasonable and are assessed by the clerk. A receipt for each fee and expense makes the request simple.
Forgetting to ask. Costs are decided once the merits are decided. Have your list of disbursements and your offer to settle, if any, ready at the end of the trial.
Skipping or under-preparing for the settlement conference. That can lead to a costs order against you, even if you later win (rule 13.02).
Settling without mentioning costs. An accepted offer that is silent on costs leaves the plaintiff with disbursements to a set date only.
Treating costs as paid once ordered. A costs award is part of the judgment and is collected the same way; see examination hearings if the other side does not pay.

What to do this week

Start a costs folder: every receipt, with the date and what it was for.
Work out your 15% ceiling: multiply the amount you claimed by 0.15.
Decide whether you will represent yourself or hire help, knowing which costs route applies to you.
Consider a written offer to settle, served at least seven days before trial and left open, to make rule 14.07 available.
Prepare a one-page list of disbursements to hand up at the end of the trial.
Note that any costs you are awarded earn postjudgment interest at the rate for the quarter of the order.

Frequently asked questions

Can I recover my paralegal's fees?

Partly. Rule 19.04 lets the court award a reasonable representation fee at trial or an assessment hearing, but it sits under the 15% cap in section 29 unless the court is penalizing unreasonable behaviour.

Can I claim for the time I took off work?

The rules do not list lost wages as a cost. A self-represented winner may ask for up to $500 as compensation for inconvenience and expense (rule 19.05), or up to $1,500 under rule 14.07(3) where an offer to settle triggered that rule.

Are court fees refunded if I win?

Court fees are disbursements, so a successful party is entitled to have the reasonable ones paid by the unsuccessful party unless the court orders otherwise (rule 19.01). They are added to what the loser owes, not refunded by the court.

Is the 15% based on what I asked for or what I won?

Section 29 refers to the amount claimed or the value of the property sought. Within that ceiling, the judge decides what is fair, which can reflect how the result compares to the claim.

Do costs earn interest?

Yes. Money owing under an order, including costs, bears postjudgment interest from the date of the order (Courts of Justice Act s. 129(1)). See interest on debts and judgments for the current rate.

Who works out the disbursement figures, and can I challenge them?

The clerk assesses disbursements under the regulations made under the Administration of Justice Act and the limits in rule 19.01, such as $60 per person served and $200 for preparing a claim or defence. That assessment is subject to review by the court (rule 19.01(2)), so either side can ask a judge to look at it.

What if a motion was needed because the other side misbehaved?

Motion costs, other than disbursements, are limited to $100 unless the court finds special circumstances (rule 15.07). Conduct that unduly complicated or prolonged the case can also support a penalty under rule 19.06.

Sources

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.