Small claims court fees

Overview

You must pay a fee for most steps in a Small Claims Court proceeding, including:

• filing a claim
• filing a motion
• requesting a trial date
• taking steps to enforce a judgment

Court fees are set out in regulations made under the Administration of Justice Act. To be sure that you have the current fee schedules, always refer to the regulations on the Ontario government’s e-Laws website.

Fees are payable in Canadian funds, and may be paid by:

• cash (at the court or enforcement office counter)
• cheque or money order, payable to the Minister of Finance (either at the court, enforcement office counter or by mail)
• debit or credit card (in certain locations, and when filing Small Claims Court documents online)

Find court address and contact information.

If you cannot afford to pay the fees

If you cannot afford to pay court or enforcement fees in your proceeding, you may request a fee waiver. If you are granted a fee waiver, it will apply to most fees in your court proceeding from that point forward. Find out how to apply for a fee waiver.

Frequent claimant fees

You are a frequent claimant if you have already filed 10 or more claims in this calendar year at the same Small Claims Court location. Frequent claimants pay higher fees to file a claim, to file a request for default judgment and to fix a date for a trial or an assessment hearing in the same year. Learn more about fees as a frequent claimant.

Small Claims Court fees and allowances

Note:
In this section:

• “claim” does not include a defendant’s claim
• “claimant” includes an individual, a sole proprietorship, a partnership, an unincorporated organization and a corporation
• “frequent claimant” means a claimant who files a claim in a Small Claims Court office on or after January 1 in any calendar year and who has already filed 10 or more claims in the same office in that calendar year
• “infrequent claimant” means a claimant who is not a frequent claimant

Fees payable to the clerk

The court clerk is a person at the court office with many responsibilities including issuing documents, maintaining court files, and setting court dates.

The following fees are payable to clerks of the Small Claims Court:

Step in a Proceeding	Fee
Filing of a claim by an infrequent claimant	$108
Filing of a claim by a frequent claimant	$228
Filing of a defendant’s claim	$108
Filing of a notice of motion served on another party, a notice of motion without notice or a notice of motion for a consent order (except a notice of motion under the Wages Act)	$127
Filing of a defence	$77
Fixing of a date for a trial or an assessment hearing by an infrequent claimant	$308
Fixing of a date for a trial or an assessment hearing by a frequent claimant	$403
Filing of a request for default judgment by an infrequent claimant	$94
Filing of a request for default judgment by a frequent claimant	$128
Issuing a summons to a witness	$33
Receiving for enforcement a process from the Ontario Court of Justice or an order or judgment as provided by statute	$45
Issuing a certificate of judgment	$30
Issuing a writ of delivery, a writ of seizure and sale or a notice of examination	$68
Issuing or renewing a notice of garnishment	$144
Preparing and filing a consolidation order	$127
Forwarding a court file to Divisional Court for appeal	$105
Making up and forwarding of papers, documents and exhibits	$105 and the transportation costs.
Transmitting a document other than by mail	The cost of transmission
Making copies of documents, not requiring certification	$1 per page
Making copies of documents, requiring certification	$4 per page
For the inspection of a court file by, a person who has entered into an agreement with the Ministry of the Attorney General for the bulk inspection of court files	$1 per file
For the inspection of a court file by, any other person, other than a solicitor or party in the proceeding	$11 per file
Retrieving a court file from storage	$83
For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available, for a single day’s recording	$23
For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available, for each additional day’s recording, if the request is made at the same time as the single day’s recording	$11

The following fees are payable to clerks of the Small Claims Court, in addition to the above fees, in an application under the Repair and Storage Liens Act:

Step in a Proceeding	Fee
Filing of an application	$202
Filing of a notice of objection	$112
Issuing an initial certificate or a final certificate	$99
Issuing a writ of seizure	$68

Fees and allowances payable to the bailiff

The Rules of the Small Claim Court provide that the bailiff is responsible for enforcing orders of the Small Claims Court. The duties of bailiffs are carried out by the enforcement office.

The following fees and allowances are payable to bailiffs of the Small Claims Court:

Step in a Proceeding	Fee
For each attempt, whether or not successful, to enforce a writ of delivery	$38
For each attempt, whether or not successful, to enforce a writ of seizure and sale of personal property, where no sale is necessary	$38
For each attempt, whether or not successful, to enforce a writ of seizure and sale of personal property, where a sale is necessary	$64
For each attempt, whether or not successful, to enforce a writ of seizure under the Repair and Storage Leins Act	$38
For enforcing a writ of delivery or a writ of seizure and sale of personal property, removing property seized, advertising the sale of personal property, including obtaining assistance in seizing, securing or retaining property	Reasonable disbursements that are necessarily incurred, including appraisers’ fees.

Fees and allowances payable to witnesses

Witnesses are the people who help you prove your case by providing evidence to the court if you go to trial. If you summons a witness to attend your trial, you must pay attendance money to the witness at the time you personally serve them. Attendance money includes a fee for the witness to attend court each day and travel expenses to get to court. Learn more about getting ready for court and about serving documents.

The following fees and allowances are payable to witnesses appearing before the Small Claims Court:

Step in a Proceeding	Fee
For attendance in court, unless the item below applies	$11 per day
For attendance in court by a barrister, solicitor, physician, surgeon, engineer, veterinary surgeon or other professional who is not a party to the action, to give evidence of a professional service rendered or to give a professional opinion	$27 per day
For travel to court	Reasonable travelling expenses actually incurred, but not exceeding the kilometre allowance set out in Regulation 11 of the Revised Regulations of Ontario, 1990 (Kilometre Allowances) made under the Act.

Other fees

There may be other fees which apply to your case depending on the steps you take. For example, if you need to take steps to enforce your judgment, you may need to pay some of the fees listed in the Sheriffs – Fees regulation. If you wish to appeal the judge’s decision at trial, you will need to pay fees listed in the Fees for Court Transcripts regulation for the preparation of a transcript of your case, as well as a fee for filing your appeal. Remember, you should always refer to the actual regulations to determine the fees that you will need to pay.

Kilometre allowances

If payment of a travel or kilometre allowance is authorized and the authorizing instrument states that the allowance shall be in accordance with or as set out in R.R.O. 1990, Regulation 11, the allowance for each kilometre actually travelled is:

• in northern Ontario, 30.5 cents
• in southern Ontario, 30 cents

For the purpose of determining kilometre allowances under the regulation, northern Ontario includes:

• all of The District Municipality of Muskoka
• everything lying north of the line consisting of Healey Lake (Municipal) Road from Healey Lake easterly to its junction with Highway 612
• everything lying north of the line consisting of Highway 60 easterly to its junction with Highway 62 at Killaloe Station and Highway 62 to Pembroke

Fees payable to the sheriff

The sheriff is responsible for enforcing certain court and tribunal orders. The duties of the sheriff are carried out by the Enforcement Office. Learn more about enforcing a judgment.

Fees are paid to the Enforcement Office at the time an enforcement request is filed, either in person or by mail. The following fees are payable to the sheriff:

Step in a Proceeding	Fee
For up to three attempts, whether or not successful, to serve a document	$100 for each person to be served
For filing or renewing a writ of execution or order that a sheriff is liable or required to enforce and for delivering a copy of the writ or order or a renewal of it to the land registrar of a land titles division	$100
For filing or renewing a writ of execution or order that a sheriff is liable or required to enforce and that is not required to be delivered to a land registrar of a land titles division	$75
For filing a writ of seizure or a direction to seize under the Repair and Storage Liens Act	$115
For each attempt, whether or not successful, to enforce a writ of delivery, a writ of sequestration, an order for interim recovery of personal property, an order for interim preservation of personal property, or a writ of seizure or direction to seize under the Repair and Storage Liens Act	$400
For each attempt, whether or not successful, to enforce a writ of seizure and sale or an order directing a sale	$240
For each attempt, whether or not successful, to enforce any other writ of execution or order	$240
For a search for writs	$12.65 per name
For each report showing the details of a writ, lien or order or for a copy of a writ, lien or order	$6.90 for each report to a maximum of $69.00 for each name searched.
For preparing a schedule of distribution under the Creditors’ Relief Act	$45 per writ or notice of garnishment listed on the schedule, up to a maximum fee of an amount equal to 20 per cent of the money received.
For a calculation for satisfaction of writs and garnishments	$45 per writ or notice of garnishment
For any service or act ordered by a court for which no fee is provided	$55 for each hour (or part of an hour) spent performing the service or doing the act
For making copies of documents, other than writs of execution, orders and certificates of lien, not requiring certification	$1 per page
For making copies of documents, other than writs of execution, orders and certificates of lien, requiring certification	$3.50 per page

In addition to these fees set out above, the person who requests the service shall pay the sheriff their reasonable and necessary disbursements in providing the services described in those paragraphs.

The person who requests the service shall also pay the sheriff a travel allowance as set out in R.R.O. 1990, Regulation 11 (Kilometre Allowances), for the distance they travel, both ways, between the court house and the place where the sheriff:

• enforces or attempts to enforce a writ or order or
• performs or attempts to perform any other service directed by a court

Fees for court transcripts

Authorized Court Transcriptionists are individuals who are legally authorized to prepare certified court transcripts by the Attorney General. They are specifically trained and qualified to transcribe audio recordings of court hearings. Learn how to order a court transcript.

 The following fees are payable to an Authorized Court Transcriptionist:

Service	Fee
To transcribe all or part of a recording and provide a certified transcript in electronic format	$6.30 per page or $25.00, whichever is greater
To transcribe all or part of a recording and provide a certified transcript in electronic format, to be provided within five business days	$8.80 per page or $25.00, whichever is greater
To transcribe all or part of a recording and provide a certified transcript in electronic format, to be provided within 24 hours	$11.75 per page or $25.00, whichever is greater
To transcribe all or part of a recording and provide a first certified transcript in paper format	$7.10 per page or $25.00, whichever is greater
To transcribe all or part of a recording and provide a first certified transcript in paper format, to be provided within five business days	$9.60 per page or $25.00, whichever is greater
To transcribe all or part of a recording and provide a first certified transcript in paper format, to be provided within 24 hours	$12.55 per page or $25.00, whichever is greater
For a certified transcript, in paper format, of any part of a recording that has already been transcribed	$0.80 per page or $25.00, whichever is greater
For a certified transcript, in electronic format, of any part of a recording that has already been transcribed, if ordered together with a certified transcript in paper format following transcription	No charge
For a certified transcript, in electronic format, of any part of a recording that has already been transcribed, if not ordered together with a certified transcript in paper format following transcription	$25.00
To transcribe all or part of a recording and provide a transcript in an accessible electronic format.	The fee payable for an electronic transcript required in the same timeframe (i.e., standard turnaround, within five days or within 24 hours) and determined by reference to the number of pages of the transcript before it is adapted for accessibility
For a transcript, in an accessible electronic format, of any part of a recording that has already been transcribed, if ordered together with a certified transcript following transcription	No charge
For a transcript, in an accessible electronic format, of any part of a recording that has already been transcribed, if ordered at any other time	$25.00

Filing a claim online

Most Small Claims Court documents can be filed online. You can fill out your documents and file them online using the Small Claims Court E-Filing Service portal or the Small Claims Court Submissions Online portal delivered by the Ministry of the Attorney General.

To find out which documents can be filed through each portal, refer to rules 1.05.3 and 1.05.4 of the Rules of the Small Claims Court. The court will e-mail you confirming your documents have been e-filed or e-issued. You can also file your documents in person or by mail.

Learn more about:

• Small claims court: suing someone
• Small claims court: being sued