Court fees apply at several different points in a Small Claims Court case, not just when you file. Understanding the structure — even before you know every current dollar amount — helps you budget realistically for a case from the outset.
Filing a Plaintiff's Claim
Current filing fee
Filing a Plaintiff's Claim generally costs $108 for most individuals and small businesses.
This is the fee most people encounter first, paid when you file your initial claim with the court. See the court fee calculator for a fuller estimate that accounts for fees at later stages too.
The "frequent claimant" fee tier
Frequent claimant fee
A "frequent" claimant — someone filing 10 or more claims at the same court office within a calendar year — generally pays $228 per claim instead of $108.
This tiered structure is aimed at businesses or individuals who file a high volume of claims regularly, distinguishing them from occasional filers. If you or your business files claims often, it's worth tracking your annual count so you're not caught off guard by the higher fee.
Filing a Defence
If you're a defendant responding to a claim, filing a Defence involves its own separate fee, distinct from what the plaintiff paid to file the original claim. See how to respond for the full process, and check the current fee directly when you file, since it's a separate figure from the claim filing fee above.
Other fees at later stages
Beyond the initial filing fee, a case can generate fees at several further points, including:
- Bringing a motion — see motions for what this involves.
- Requesting a trial date once a case doesn't settle at the settlement conference stage.
- Enforcement steps after winning a judgment, such as filing paperwork to garnish wages or a bank account — see judgment enforcement.
- Requesting certain documents or transcripts connected to your case.
Each of these fees is set independently and can change over time, so treat any specific figure you've seen elsewhere as something to confirm directly before you rely on it for budgeting a specific step.
How and why these fees are set
Court fees are generally set through Ontario's own regulations and are reviewed and updated periodically. They're structured to keep Small Claims Court accessible while still contributing to the cost of running the court system — which is part of why the fee structure distinguishes between occasional and frequent filers, and why fees are comparatively modest next to the cost of pursuing a similar dispute in a higher court.
Fee waivers for financial hardship
If paying a court fee would create genuine financial hardship, it may be possible to apply to have it waived. This generally requires a specific application demonstrating your financial situation — it isn't automatic. If cost is a genuine barrier to pursuing or defending a claim, look into this option before assuming a fee is an absolute obstacle.
Where fees fit into your overall budget
Court fees are rarely the only cost of a case — service costs, time, and potentially the cost of optional legal help all factor into a realistic budget. See the court fee calculator for a fuller estimate, and think about fees as one line item in a broader budget rather than the entire cost of pursuing or defending a claim.
Getting the current numbers before you file
Because fees can change and this page can't guarantee to reflect every update the moment it happens, confirm the exact current fee for whatever specific step you're about to take before you pay it. Treat the figures above — reviewed as of the date at the top of this page — as a reliable starting point for planning, not a substitute for checking the fee that actually applies at the moment you file.
Common mistakes
- Only budgeting for the initial filing fee, then being caught off guard by fees at later stages.
- Not tracking your frequent-filer count if you or your business files claims regularly.
- Assuming a fee waiver is automatic, rather than a specific application you need to make.
- Relying on an old fee figure without confirming it's still current.
Frequently asked questions
Is the filing fee the same regardless of how much I'm suing for?
The core filing fee structure is generally based on how frequently you file, not the dollar amount of your claim.
Do I pay the fee even if I withdraw my claim later?
Generally, fees are paid at the time you take a step, such as filing — check directly whether any refund applies to your specific situation if you're considering withdrawing a claim.
Can I get my filing fee back if I win?
Possibly, as part of a costs award — see costs and interest for how courts generally approach this, though it isn't automatic.
What if I can't afford the filing fee at all?
Look into whether a fee waiver applies to your situation based on financial hardship — this generally requires a specific application rather than being automatic.