Last updated: October 16, 2026. This page covers Ontario court fees only. It is general information, not legal advice, and fees can change, so check the Ministry of the Attorney General’s small claims court fees page before you file.
What it costs to start or defend a claim
Ontario has one province-wide fee schedule. The filing fee does not depend on how much you claim: a $2,000 claim and a $40,000 claim cost the same to file. What changes the fee is the step you are at and whether you are a “frequent claimant”.
| Step | Form | Court fee |
|---|---|---|
| File a claim | 7A | $108 ($228 if a frequent claimant) |
| File a defence | 9A | $77 |
| File a defendant’s claim | 10A | $108 |
| File a notice of motion | 15A | $127 |
| Request default judgment (debt or fixed amount) | — | $94 ($128 if a frequent claimant) |
| Fix a trial or assessment hearing date | — | $308 ($403 if a frequent claimant) |
| Summons to witness | 18A | $33 |
A claim for damages that are not a fixed amount goes by motion or an assessment hearing instead of a request for default judgment.
There is no separate court fee listed for a settlement conference or for filing an amended claim or defence. An amended claim or defence is filed with the clerk, without a motion, if it is filed and served at least 30 days before the trial date. If you need the court’s permission, for example to amend closer to trial, you file a motion and the notice of motion fee applies.
Who is a frequent claimant?
The regulation defines a frequent claimant as a claimant who files a claim on or after January 1 in a calendar year and has already filed 10 or more claims in the same Small Claims Court office in that year. In practice, the 11th claim filed in one office in one calendar year is the first to carry the higher fee. A defendant’s claim does not count toward the 10.
What it costs to collect a judgment
A judgment is not the same as being paid. Collecting usually means filing one or more enforcement documents, each with its own court fee:
| Enforcement step | Court fee |
|---|---|
| Certificate of judgment | $30 |
| Writ of seizure and sale | $68 |
| Writ of delivery (to recover personal property) | $68 |
| Notice of examination (to question the debtor about their ability to pay) | $68 |
| Notice of garnishment, issued or renewed | $144 |
Sheriff and bailiff charges for carrying out enforcement are separate from these court fees. For example, filing a writ of seizure and sale with the sheriff’s enforcement office carries its own sheriff fee in addition to the $68 clerk fee. Photocopies from the court file cost $1 a page, or $4 a page if certified.
Fee waivers
If you cannot afford the court fees, you can ask for a waiver. The forms are FW-A-3, a request to the registrar, clerk or sheriff if you think you meet the financial requirements, and FW-A-4, a request to the court if you do not think you meet them. A waiver is not available if you are acting for a business or organization, it does not refund fees you have already paid or cover costs a court orders you to pay, and some charges, such as sheriff or bailiff enforcement costs and the cost of serving documents on the other party, cannot be waived. The current income and asset limits are on the province’s court fee waiver page, so check them there before you apply.
What you can recover if you win
The court fees you pay are not always lost money. Under the Rules of the Small Claims Court, a successful party is generally entitled to reasonable disbursements unless the court orders otherwise.
- Disbursements. These include amounts paid for serving documents and preparing the claim or defence, and expenses for travel, accommodation, photocopying and experts’ reports, along with electronic filing fees (Rule 19.01). The clerk assesses them. Assessed disbursements for serving documents are capped at $60 for each person served unless the court finds special circumstances, and for preparing a claim or defence at $200.
- Costs. Under section 29 of the Courts of Justice Act, an award of costs other than disbursements cannot exceed 15 per cent of the amount claimed or the value of the property sought to be recovered, unless the court considers it necessary in the interests of justice to penalize unreasonable behaviour.
- Representation fee. If the successful party was represented by a lawyer, a student-at-law or a paralegal, Rule 19.04 allows the court to award a reasonable representation fee at trial or at an assessment hearing, subject to that 15 per cent limit.
- If you represented yourself. Rule 19.05 allows the court to award up to $500 for inconvenience and expense.
Keep your receipts. Whatever you want to recover has to be shown to the clerk or the court.
Interest on your claim
If you win a money judgment, you can ask for pre-judgment interest from the date the cause of action arose to the date of the order. You must ask for it in your claim or it will not be included. Post-judgment interest runs on the amount owing from the date of the order. Unless a contract or other law sets the rate, the rates come from section 127 of the Courts of Justice Act, which is based on the Bank of Canada’s bank rate (plus 1 per cent for post-judgment interest), and the province publishes them each quarter on its interest rates page. The court can disallow interest, change the rate or change the period.
Time limits that matter before you pay a fee
- Under the Limitations Act, 2002, the basic limitation period is, in most cases, two years from the day the claim was discovered, and the ultimate limit is 15 years from the act or omission the claim is based on. Some claims are treated differently, so check yours.
- A defendant must serve a defence and file it with proof of service within 20 days of being served with the claim (Rule 9.01).
Who can represent you
You can act for yourself. You can also be represented by a person authorized under the Law Society Act to represent you, which includes licensed paralegals and lawyers (section 26 of the Courts of Justice Act and By-Law 4 of the Law Society of Ontario). Many people choose help with the paperwork and the hearing, because a claim has to be set out and proved with evidence. Read our guide to hiring a paralegal for small claims, or see how YLAW’s small claims paralegal service helps with unpaid debts and breach of contract claims. To talk it through, call 437-995-9529 for a free consultation.
Sources
- O. Reg. 332/16, Small Claims Court – Fees and Allowances
- O. Reg. 626/00, Small Claims Court Jurisdiction and Appeal Limit
- O. Reg. 258/98, Rules of the Small Claims Court
- Ontario: small claims court fees
- Courts of Justice Act and Limitations Act, 2002
- Law Society of Ontario, By-Law 4
Ontario Small Claims Court Fees: Frequently Asked Questions
How much does it cost to file a claim in Ontario Small Claims Court?
The court fee to file a claim is $108, or $228 if you are a frequent claimant (you have already filed 10 or more claims in the same office that year). The fee is the same whatever the amount of your claim.
What is the most you can claim in Ontario Small Claims Court?
$50,000, not counting interest and costs. The limit rose from $35,000 on October 1, 2025.
How much does it cost to defend a small claim?
The court fee to file a defence is $77. A defendant who wants to make a claim against the plaintiff files a defendant’s claim, which costs $108.
Does the filing fee go up with the size of the claim?
No. Ontario’s small claims filing fee is a flat amount, not a sliding scale.
Can I get small claims court fees waived?
Possibly. You apply with Form FW-A-3 if you think you meet the financial requirements, or Form FW-A-4 to ask a judge to assess your situation if you do not. A waiver is not available if you are acting for a business or organization, and it does not cover fees you have already paid, costs a court orders you to pay, or charges such as sheriff or bailiff enforcement costs. Each request is reviewed, and the decision is final.
Can I get my court fees back if I win?
If you win, the court fees you paid can usually be claimed as part of your reasonable disbursements unless the court orders otherwise, and the clerk assesses them. It is not guaranteed, and you still have to collect from the other side. Keep your receipts.
How much does it cost to enforce a judgment?
Court fees include $30 for a certificate of judgment, $68 for a writ of seizure and sale, a writ of delivery or a notice of examination, and $144 to issue or renew a notice of garnishment. Sheriff and bailiff charges are separate.
Will the fees change?
Ontario’s regulation schedules an automatic inflation-based adjustment on January 1, 2027, and on every third January 1 after that. The Minister can stop an adjustment only by finding that the adjusted fee would exceed full cost recovery and publishing a notice. The government has also moved the date by regulation before, so check the official fee page for the current amounts before you file.
