Note: this tool is intended to provide a general, informational estimate only. Court fees can change, and your actual costs depend on the specific steps your case requires — treat any estimate as a planning aid, not a final total.
What you'll need to use it
When the calculator is live, expect it to ask a few questions so it can give you a realistic total rather than just the filing fee alone:
- Whether you're filing a claim or defending one.
- Roughly how many claims you (or your business) file at the same court office in a typical year, since this affects which filing fee tier applies.
- Whether you expect the case to settle early, go to a settlement conference only, or potentially reach trial — since fees accumulate at each additional stage.
- Whether you'll need to hire someone to serve documents, since that's a real cost even though it isn't a court fee.
Even without the calculator, walking through these same questions yourself is a useful way to estimate your total exposure before you commit to a case.
Filing fees at a glance
The first fee most people encounter is the one to file a Plaintiff's Claim.
Current filing fee
Filing a Plaintiff's Claim generally costs $108 for most individuals and small businesses. A "frequent" claimant — someone filing 10 or more claims at the same court office in a calendar year — pays $228 instead.
If you're defending a claim rather than starting one, filing a Defence involves its own, separate fee. See filing fees for the current schedule across every stage.
Other fees you may run into
Filing the claim itself is rarely the only cost. Depending on how your case unfolds, you may also encounter fees for:
- Filing a Defence (if you're the one being sued) — this is a separate fee from what the plaintiff paid to file the claim in the first place.
- Bringing a motion — for example, to ask the court to change something about how the case is proceeding, add a party, or resolve a procedural dispute before trial.
- Requesting a trial date once a case doesn't settle at the settlement conference stage — this fee applies whether or not the trial actually happens once scheduled.
- Enforcement steps after you win, such as filing paperwork to garnish wages or a bank account, or to seize and sell property, if the other side hasn't paid voluntarily.
- Service costs, which aren't court fees exactly, but are a real expense — for example, paying a process server to deliver your documents, or courier costs for mailed service.
- Transcript or document copy fees, which can come up if you need official copies of court records at some point in the process.
See the full fee schedule for current amounts at each stage, since they vary by step.
Can the fee be waived?
If paying a court fee would create genuine financial hardship, it may be possible to apply to have it waived. This isn't automatic — it generally requires a specific application demonstrating your financial situation. See filing fees for how this process works and what's required.
Who ends up paying in the end?
Court fees you pay along the way aren't necessarily money you've lost for good. Small Claims Court can award "costs" to the winning side at the end of a case, which may include some or all of the fees they paid. This isn't guaranteed, and the amount awarded is subject to the court's own rules — but it's a meaningful reason to keep every receipt for fees you pay throughout your case. See costs and interest for how this works.
Worked examples
To make this concrete, here's how filing fees alone might look in a few common scenarios (these examples cover filing fees only — they don't include any other steps your case might involve):
- An individual filing one claim. You file a single Plaintiff's Claim for an unpaid invoice. As an infrequent claimant, your filing fee is $108.
- A small business filing occasionally. A small business files three claims against different customers over the course of a year. Still well under the 10-claim threshold, so each filing costs $108.
- A frequent filer. A business that files 12 claims at the same court office within a calendar year pays the frequent-claimant fee of $228 per claim once that threshold is reached, rather than $108.
- A defendant responding to a claim. If you're served with a Plaintiff's Claim and decide to file a Defence, you'll pay the separate Defence filing fee — see the full fee schedule for the current amount.
Budgeting for a case realistically
When you're deciding whether a claim is worth pursuing, it helps to think in terms of a realistic range rather than just the filing fee. A case that settles shortly after filing might cost you only the initial fee. A case that goes all the way to trial could involve the filing fee, plus service costs, plus a trial request fee, plus your own time. Weigh that total against what you're actually trying to recover before you commit.
It's also worth thinking about the other side's incentives. A well-documented claim and a clear demand letter sometimes prompt an early settlement precisely because the other side recognizes their own costs will climb the longer the case drags on — fee awareness cuts both ways.
Is Small Claims Court actually cheaper?
Generally, yes — that's the main point of the court's design. Filing fees are a small fraction of what a comparable Superior Court of Justice case typically costs, and the process is built so that most people can represent themselves without paying for a lawyer at all. That said, "cheaper" doesn't mean "free," and a few things affect the real cost comparison:
- Your time. Preparing a claim, attending a settlement conference, and possibly a trial all take real hours, even without paying anyone else.
- Optional legal help. You're allowed to hire a lawyer or licensed paralegal even in Small Claims Court — many people don't, but if you do, that's a cost on top of court fees.
- Collection costs. Winning a judgment isn't the same as being paid — if the other side doesn't pay voluntarily, enforcement steps carry their own fees.
Compared to the alternative of not pursuing a legitimate claim at all, though, the fee structure is specifically designed to keep the court accessible for claims of this size.
Fee budgeting mistakes to avoid
- Only budgeting for the filing fee and being caught off guard by service, motion, or trial costs later.
- Assuming you'll automatically get your fees back if you win, without understanding how costs awards actually work.
- Not tracking your frequent-filer count if you or your business files claims regularly.
- Forgetting service costs when comparing Small Claims Court to simply writing off a debt.
- Filing before checking for a fee waiver if cost is a genuine barrier — it's worth checking eligibility first.
Official sources
- Small Claims Court – Fees and Allowances, O. Reg. 332/16 — the regulation setting current court fees.
- Ontario Court Forms — the official source for current court forms.
Frequently asked questions
Do I pay the fee even if I lose?
Yes — court fees are generally paid when you take the step (like filing), regardless of how the case eventually turns out. Winning can affect who ultimately bears the cost through a costs award, but the fee itself is paid upfront.
Is the filing fee the same no matter how much I'm suing for?
The current filing fee structure is based on how frequently you file, not the dollar amount of your claim — see the filing fees guide for the exact current schedule.
What counts toward the "10 claims a year" frequent-filer threshold?
It's based on the number of claims filed at the same court office within a calendar year. If you're filing regularly as a business, it's worth tracking this so you're not caught off guard by the higher fee.
Are there fees I might be forgetting to budget for?
Service costs are the most commonly overlooked — hiring someone to formally deliver your documents isn't a court fee, but it's a real expense most people don't think about until they need it.
Do I need to pay a fee every time I go back to court?
Not for every appearance — routine steps like attending a settlement conference generally don't carry their own separate fee. Specific actions you initiate, like filing a motion or requesting a trial date, are what typically trigger additional fees.
Can I recover my lawyer or paralegal's fees if I win?
Cost awards in Small Claims Court are limited and don't automatically cover the full cost of hiring a lawyer or paralegal, which is one reason many people choose to represent themselves rather than retain one for a smaller claim.