Small Claims Court

What does it cost to file and run a Small Claims case in Ontario?

Last updated October 7, 2026.

For most people, filing a Small Claims claim in Ontario costs $108, filing a Defence costs $77, and setting a trial date costs $308. Frequent claimants (10 or more claims already filed in the same office that year) pay $228 and $403. Motions, witness summonses and enforcement steps each carry their own fee, and people with low income can ask to have most court fees waived.

All of these fees come from one provincial regulation, so they are the same in Hamilton as anywhere else in Ontario. Our page on Small Claims Court representation explains how Carson Frankum, a licensed paralegal in Hamilton, helps people plan a case from claim to collection. For local details, see our page on Small Claims Court in Hamilton.

What do you pay at each stage, step by step?

The fees paid to the Small Claims Court clerk and bailiff are set by O. Reg. 332/16, Small Claims Court Fees and Allowances. Here is the order in which most of them come up.

1. Starting the claim. A plaintiff pays $108 to file a Plaintiff's Claim, or $228 as a frequent claimant. The regulation defines a frequent claimant as one who has already filed 10 or more claims in the same Small Claims office in that calendar year, so the higher fee starts with the 11th claim.
2. Serving the claim. There is no court fee for serving it yourself. If you use a process server or other person, Rule 19.01(3) of the Small Claims Court Rules limits what you can later recover for service to $60 per person served, unless the court finds special circumstances.
3. Responding. A defendant pays $77 to file a Defence. A defendant who sues back, or brings in someone else, pays $108 for a Defendant's Claim.
4. Default judgment. If no Defence is filed, a plaintiff pays $94 ($128 for a frequent claimant) to file a request for default judgment on a debt or other fixed amount.
5. Motions. Any notice of motion, with or without notice, or for a consent order, costs $127 to file. A motion for an assessment of damages in writing costs the same.
6. Settlement conference. There is no separate fee for the settlement conference that Rule 13.01 requires in every defended action.
7. Trial. The party fixing a date for a trial or assessment hearing pays $308 ($403 for a frequent claimant). A summons to a witness costs $33 to issue, and the witness must be paid attendance money: $11 a day for most witnesses, $27 a day for a professional giving evidence of professional services or an opinion, plus reasonable travel.
8. After judgment. Enforcement has its own fees, listed in the second table below. These are where costs can add up if the other side does not pay. Our article on garnishing wages after a Small Claims judgment walks through one of those steps.

What changes the answer?

How often you file

The frequent claimant rates in section 1 of O. Reg. 332/16 apply only to a claimant who has already filed 10 or more claims in the same court office in that calendar year. Most individuals and small businesses pay the lower rates. A landlord or contractor who files many claims in one office can cross the line within a year.

Whether you qualify for a fee waiver

The Ontario government's court fee waiver page says you can ask for a waiver in a civil or Small Claims matter if you are not acting for a business and your fees are not being paid by a lawyer under a contingency fee agreement. A waiver may be approved if your household's main income is Ontario Works, the Ontario Disability Support Program, or Old Age Security with the Guaranteed Income Supplement, or if your household income, liquid assets and net worth fall under set limits (for example, gross annual household income below $33,100 for one person, liquid assets under $2,800 and net worth under $11,100, the figures set in O. Reg. 2/05). It costs nothing to apply, a separate waiver is needed for each case, and it does not refund fees already paid.

Fees a waiver does not cover

The same page lists fees that cannot be waived, including amounts paid to people who are not part of the court (such as lawyers, court transcriptionists, official examiners, witnesses and mediators), fees for serving documents, and disbursements paid to the sheriff or Small Claims bailiff to enforce an order. A waiver also does not cover costs a court orders you to pay to the other side.

Whether you win

Rule 19.01 says the successful party is entitled to reasonable disbursements, including amounts paid for service, preparing a claim or defence, travel, photocopies and expert reports, unless the court orders otherwise, and Rule 19.01(1.1) confirms this includes electronic filing fees. The amount for preparing a claim or defence is capped at $200. If you had a lawyer or paralegal, Rule 19.04 lets the court award a reasonable representation fee; if you were self-represented, Rule 19.05 allows up to $500 for inconvenience and expense. All costs other than disbursements are capped at 15% of the amount claimed by section 29 of the Courts of Justice Act. Our guide to the costs you can recover if you win goes further.

Offers to settle

Under Rule 14.07, a party whose offer to settle was made at least seven days before trial, and stayed open until trial, can be awarded up to twice the usual costs, other than disbursements, if the judgment is at least as good for them as the offer. A self-represented party in that position can also receive up to $1,500 for inconvenience and expense. See how offers to settle work in Small Claims Court.

Fees are scheduled to change

Section 4 of O. Reg. 332/16 sets automatic increases tied to the Ontario Consumer Price Index, beginning January 1, 2027 and every third January 1 after that, unless the Minister publishes a notice that a fee would exceed full cost recovery. Check the regulation again if you are filing in 2027 or later.

A worked example

For example, imagine a Hamilton landlord named Teresa whose former tenant moved out owing $6,500 in rent and repair costs. More than a year has passed since the tenant left, so the Landlord and Tenant Board route for unpaid rent under section 87 of the Residential Tenancies Act, 2006 is closed and she files in Small Claims Court. Our guide to collecting rent owed after a tenant moves out explains that timing.

Teresa pays $108 to file her claim. The tenant files a Defence, so there is a settlement conference with no extra fee. The case does not settle, and she pays $308 to fix a trial date and $33 to summons an engineer who inspected the damage, paying the $27 daily professional attendance fee plus travel. Her court fees to the end of trial are $449, before witness money.

She wins. The judge can award her reasonable disbursements, which can include the court fees she paid, with costs other than disbursements capped at 15% of her $6,500 claim. When the former tenant still does not pay, Teresa asks for a notice of examination ($68) to find out about his job and accounts, then a notice of garnishment ($144). Our guide to the examination hearing explains that step. This example is hypothetical and is not based on any real client or result.

What mistakes do people make with court fees?

• Budgeting only for the filing fee. The $108 is the smallest part of a defended case. The trial fee, witness money and enforcement steps usually cost more.
• Paying fees they could have had waived. A fee waiver does not refund fees already paid, so apply before you file, not after.
• Applying for a waiver for a business. The waiver is for individuals; you cannot ask for one while acting on behalf of a business or organization.
• Not keeping receipts. Disbursements are assessed by the clerk under Rule 19.01(2), subject to review by the court, so keep proof of everything you paid.
• Forgetting witness attendance money. The Ontario fees page says a witness who is summoned must be paid attendance money when personally served. In a renovation dispute, an engineer summoned to give a professional opinion is paid the $27 daily rate; our guide to suing a contractor covers the evidence those cases need.
• Overspending to chase a small claim. Each bailiff or sheriff attempt is charged whether or not it succeeds, so find out what the debtor has before you send an enforcement officer.

What to do this week

1. Check the amount you can sue for so you are not paying to file a claim the court cannot hear.
2. Count the claims you have already filed in that court office this year to know which fee rate applies.
3. If money is tight, read the fee waiver criteria and gather proof of income before you file.
4. Set aside the trial fee and witness money now, not when the trial is scheduled.
5. Keep every receipt for court fees, service, copies and travel in one folder.
6. If the amount owed is just over the limit, read whether to give up the amount over $50,000 before paying any fee.
7. Ask about paralegal fees at your consultation, so you can weigh them against the amount you are claiming.

Frequently asked questions

Do I get my court fees back if I win?

Usually you can ask for them. Rule 19.01 entitles a successful party to reasonable disbursements, which include filing fees, unless the court orders otherwise. Getting the money still depends on the other side paying the judgment.

Is there a fee for the settlement conference?

No separate fee appears for it in O. Reg. 332/16. Rule 13.01 requires a settlement conference in every defended action, held within 90 days after the first Defence is filed.

Who pays the trial fee?

Under Rule 16.01, the clerk fixes a trial date after the settlement conference once a party files a Request to Clerk (Form 9B) and pays the required fee, so it is paid by whichever party asks. If that party wins, it is part of the disbursements they can ask the court to order the other side to pay.

Can a business get a fee waiver?

No. The Ontario fee waiver page says you can ask for a waiver only if you are not acting on behalf of a business or organization.

Are fees different if I file online?

The fees are the same. O. Reg. 332/16 adds that if a fee is paid when a document is filed electronically, it is not charged again if a paper copy is later filed.

What does an appeal cost?

The Small Claims clerk charges $105 to forward the file to the Divisional Court, and the Ontario fees page notes that transcript fees and an appeal filing fee also apply. Appeals go to the Divisional Court, where you would need a lawyer, not a licensed paralegal.

Do fees go up every year?

Not every year. Under section 4 of O. Reg. 332/16, the next automatic inflation adjustment is scheduled for January 1, 2027, and then every third January 1.

Sources

• O. Reg. 332/16, Small Claims Court Fees and Allowances (Ontario e-Laws)
• Small claims court fees (Government of Ontario)
• O. Reg. 294/92, Sheriffs Fees (Ontario e-Laws)
• Have your court fees waived (Government of Ontario)
• O. Reg. 2/05, Fee Waiver (Ontario e-Laws)
• Rules of the Small Claims Court, O. Reg. 258/98, rr. 13.01, 14.07, 19.01, 19.04, 19.05 (Ontario e-Laws)
• Courts of Justice Act, R.S.O. 1990, c. C.43, s. 29 (Ontario e-Laws)
• Residential Tenancies Act, 2006, s. 87 (Ontario e-Laws)
• Guide to Procedures in Small Claims Court: After judgment (Government of Ontario)

Need help with a Small Claims Court matter? Contact us today for a consultation.

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.