The cost of suing in Ontario is more predictable than most people think — and the court fees are usually the smallest part. Here is a clear breakdown of what it costs to sue in 2026, in both Small Claims Court and the Superior Court, with current fee amounts and the costs you can get back if you win.
By Jonathan Kleiman, Barrister & Solicitor · Published June 2026
Before you sue, you want to know two things: what it will cost, and whether it is worth it. This guide answers the first question in detail — the court fees, the lawyer or paralegal fees, and the out-of-pocket disbursements that make up the real cost of a lawsuit in Ontario — and points you to the tools and guides that answer the second. All the court-fee amounts below are current for 2026; because fee schedules change, treat them as a planning estimate and confirm the live figure with the court or the linked calculators before you file.
Every lawsuit's cost falls into three buckets:
Which court you are in matters most. Claims up to $50,000 go to Small Claims Court, which is built to be affordable; larger claims go to the Superior Court, which is more expensive at every step.
Small Claims Court fees are set province-wide by Ontario Regulation 332/16 under the Administration of Justice Act, so they are identical in Toronto, Mississauga, Brampton, or anywhere else in Ontario. They also depend on whether you are an infrequent or frequent claimant — a frequent claimant is a person or business that has already filed 10 or more claims in the same court office in the same calendar year. Almost everyone is infrequent. The current fees:
To total up the fees for your exact path through the court — claim, defence, motions, default judgment, trial date, and enforcement — use our free Small Claims Court filing fee calculator. It applies the current O. Reg. 332/16 schedule at both claimant rates. (It is an estimator, not an invoice — court staff apply the regulation, so verify the live fee before you pay.)
For claims over $50,000, you are in the Superior Court of Justice, where fees are set by Ontario Regulation 293/92. The headline amounts for 2026:
Superior Court litigation also involves more steps — pleadings, documentary and oral discovery, motions, mediation in some jurisdictions, and a pre-trial — each of which adds legal time and, often, further fees. The court fees themselves are modest next to the legal fees a full Superior Court action can generate, which is a big part of why keeping a claim within the Small Claims limit, where possible, saves money.
Legal fees are the most variable cost and depend on the complexity of the case, how hard it is fought, and how it is billed. The common structures:
In Small Claims Court, you can also represent yourself or be represented by a licensed paralegal, which can lower costs. For a fuller picture of legal pricing, see our guide on how much a business lawyer costs in Toronto. Whatever the structure, ask for it in writing up front — a clear fee arrangement is the best protection against surprises.
Beyond court and legal fees, most cases carry disbursements:
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Put the court fees together for an infrequent plaintiff whose claim is defended and goes to a trial date: $108 to issue the claim plus $308 to fix the trial date is $416 in court fees — before service, enforcement, and any legal fees. That number surprises people in both directions: the court's own charges are low, but the legal time to take a contested case through a settlement conference and trial is where the real cost lives. The lesson is to budget for the whole path, not just the filing fee, and to price the steps with the Small Claims Court calculator before you commit.
Partly. Ontario follows a "loser generally pays something" approach. A successful party can recover:
You can map a realistic costs award with our cost award calculator. The key reality check: you almost never recover all of your legal fees, so costs recovery reduces the net cost of winning — it does not make litigation free.
Costs run both ways. If you sue and lose, you can be ordered to pay a portion of the other side's costs and disbursements, on top of your own. This "adverse costs" risk is a real part of the cost of suing and a reason to be honest with yourself about the strength of the claim before filing. A frivolous or badly run case can cost you more than walking away would have.
Cost is only half the equation — the other half is whether you will recover, and whether the defendant can pay. A judgment against someone with no money or assets can be hard to collect. Before you spend a dollar on filing, weigh the likely recovery, the cost, and the collectability together. Our guide on whether Small Claims Court is worth it walks through that decision, and the guide to suing in Small Claims Court covers the process step by step.
One of the biggest levers on cost is who runs your case. In Small Claims Court you have three options:
The cheapest option is not always the most economical. A self-represented litigant who mishandles a strong claim can lose far more than a lawyer would have cost. Matching the level of representation to the stakes and complexity of the case is the real cost decision.
Two cases for the same dollar amount can cost wildly different sums to litigate. The main drivers:
You control some of these and not others — but understanding them helps you predict the bill and decide how hard a case is worth fighting.
When the court orders the losing side to pay "costs," it rarely means full reimbursement. In the Superior Court, costs are usually awarded on a partial indemnity scale — a portion of the winner's actual legal fees, with a higher substantial indemnity scale reserved for special situations (for example, where a party behaved badly or beat a formal offer to settle). In Small Claims Court, recoverable representation fees are capped at up to 15% of the amount claimed. Either way, plan on recovering some of your legal fees if you win — not all of them. Model a realistic award with the cost award calculator before you assume costs recovery will make you whole.
Step up to a claim over $50,000 and the picture changes. The court fees alone — $243 to issue the claim, $194 to defend, $859 to file a trial record — are still modest, but the legal work around them is not. A defended Superior Court action runs through pleadings, documentary and oral discovery, mediation in some jurisdictions, motions, and a pre-trial before it ever reaches trial, and each stage consumes lawyer time. It is entirely normal for the legal fees on a mid-sized Superior Court action to dwarf every court fee combined. That gap is the single biggest reason to keep a claim within the Small Claims limit whenever the facts reasonably allow.
Before you commit, run through five questions:
If the honest answers do not add up, a demand letter and a negotiated settlement are often the smarter spend. And if you do proceed, knowing what happens after a claim is issued helps you anticipate where the time — and money — will go.
Cost is not only about the total — it is about how and when you pay it. A few approaches can change the cash-flow picture:
The right structure depends on the size of the claim, its strength, and your tolerance for risk. Ask any lawyer to walk you through the options in writing before you retain them.
Cost is not only the plaintiff's concern. If you have been sued, defending has its own price — the $77 Small Claims defence fee (or $194 in the Superior Court), plus the legal time to prepare a defence, attend the settlement conference, and, if it goes that far, run a trial. And the adverse-costs rule cuts the other way too: a defendant who wins can recover a portion of their costs from the plaintiff, while one who loses may owe the plaintiff's costs on top of the judgment. The same calculus applies — weigh the cost of defending against the size of the claim and the odds — which is why getting early advice after being served is money well spent. Start with our guide on what happens after a claim is issued, and if the claim is against you, a Small Claims defence lawyer can size up your position quickly.
It depends on the court and whether the claim is defended. In Small Claims Court, issuing a claim costs $108 for an infrequent claimant, and a defended case that reaches a trial date adds $308. In the Superior Court, issuing a Statement of Claim costs $243. On top of court fees come legal fees and disbursements such as service and enforcement.
$108 for an infrequent claimant and $228 for a frequent claimant (10+ claims in the same court office in the same calendar year). The fee is flat — the same whether you sue for $500 or $50,000. Use the filing fee calculator to total every step.
Usually in part. You can recover court fees, service costs, and reasonable disbursements, and in Small Claims Court the court may award up to 15% of the amount claimed toward representation fees. You rarely recover all of your legal fees.
Ontario's fee waiver program under the Administration of Justice Act can waive most court fees if paying them would cause financial hardship. Ask court staff for a fee waiver request form — and ask before you pay, because a waiver applies going forward.
Almost always. A demand letter and negotiation cost far less than a contested trial and resolve many disputes without filing. Even after a claim is started, most cases settle before trial.
For a straight answer on what your case is likely to cost — and whether it is worth pursuing — call 416-554-1639 or book a free consultation.
Before you spend a dollar, get a clear read on the cost, the likely recovery, and whether it is collectable. Jonathan Kleiman offers a free 30-minute consultation.