Small Claims Court
fees & costs.

By Jonathan Kleiman, Barrister & Solicitor · Published May 2026

Court filing fees

Filing fees are set by the Ontario government and depend on the amount of your claim and how you file. As of 2026:

Plaintiff's Claim (Form 7A)

• Claims up to $5,000 — $102 (online via the Ontario online portal) or $115 (in person)
• Claims from $5,001 to $50,000 — $232 (online) or $252 (in person)

Defence (Form 9A)

• Filing a Defence — $73 (online) or $79 (in person)

Other court fees

• Defendant's Claim (counterclaim) — same as the Plaintiff's Claim fees above
• Request for trial date — varies by amount claimed; typically $the fees are listed on the Ontario fee schedule
• Certificate of judgment — $19
• Writ of seizure and sale — $35 to file with the sheriff
• Notice of garnishment — $35
• Examination hearing (debtor exam) — $35

All filing fees are recoverable as disbursements if you win. The court adds them to the judgment amount.

Service of documents

After filing your claim, you must serve the defendant — deliver a copy of the claim in a manner permitted by the Rules of the Small Claims Court. Service costs depend on the method:

• Personal service (process server) — $60 to $150 per defendant, depending on location and number of attempts
• Registered mail — approximately $15 to $25 (Canada Post registered mail fee)
• Service on a corporation (registered office) — same process server fees as personal service

Personal service through a licensed process server is the most reliable method and avoids disputes about whether the defendant actually received the claim. Service costs are recoverable disbursements.

Lawyer fees

What a Small Claims Court lawyer charges depends on the complexity of the case, the amount at stake, and whether the matter settles or goes to trial.

Common fee structures

• Flat fee — a fixed price for the entire matter (or specific stages). Many Small Claims Court lawyers offer flat fees because the scope of work is relatively predictable. Jonathan Kleiman offers flat-fee pricing on most Small Claims matters.
• Block fee — a flat fee for each stage of the process (e.g., demand letter, filing, settlement conference, trial), so you pay only for the stages you need.
• Hourly rate — $250 to $450+ per hour for a lawyer; $100 to $200+ per hour for a licensed paralegal. Hourly billing is less common in Small Claims Court because the total cost becomes unpredictable.

Typical total cost ranges

• Demand letter only — $500 to $1,500
• Filing through settlement conference — $1,500 to $3,500
• Full representation through trial — $3,000 to $7,000+

These ranges vary based on the facts, the number of parties, the volume of evidence, and the complexity of the legal issues. The initial consultation — which is free with Jonathan — gives you a clear picture of what your specific matter will cost.

Other costs to budget for

• Photocopies and document preparation — $20 to $100 (copies for the court, the other party, and your own binder)
• Corporate profile report — $8 to $12 (if you need to confirm the legal name of a business you are suing, from the Ontario Business Registry)
• Witness summons — $6 per day attendance fee plus mileage (paid to the witness)
• Expert reports — variable, if your case requires an expert opinion (e.g., a contractor cost estimate or a property appraisal)
• Travel and parking — attending the courthouse for the settlement conference and trial

What you can recover if you win

If you are the successful party, the court may order the losing side to pay a portion of your costs:

Representation fees (up to 15%)

Under the Courts of Justice Act, the court may award the successful party up to 15% of the amount claimed in representation fees. This amount is at the judge's discretion and is intended to partially reimburse legal costs.

Example: If you sue for $30,000 and win, the court may award up to $4,500 in representation fees on top of the judgment amount.

Disbursements

Filing fees, service costs, photocopying, and other out-of-pocket expenses are recoverable as disbursements. The successful party claims these at the end of trial by providing receipts.

Pre- and post-judgment interest

Interest accrues on the amount owed from the date the cause of action arose (pre-judgment interest) and from the date of the judgment until it is paid (post-judgment interest). The rate is set quarterly by the Ontario government.

Is it worth the cost?

The math depends on three factors: the amount at stake, the strength of your case, and the likelihood of collecting the judgment.

For a straightforward $20,000 unpaid invoice with clear documentation, the total cost of a lawyer through settlement conference might be $2,000 to $3,000 — and many cases settle at that stage. If you recover $20,000 plus costs and interest, the return on your legal investment is significant.

For a $3,000 claim with ambiguous facts and a defendant who may not have assets, the economics are different. A free consultation with a Small Claims Court lawyer helps you assess whether the claim is worth pursuing before you spend anything.

The most expensive mistake in Small Claims Court is not the filing fee — it's losing a winnable case because you were unprepared.

How to keep costs down

• Organize your evidence before your first meeting — the less time your lawyer spends sorting through documents, the lower your bill
• Respond promptly to your lawyer's requests — delays create additional work and follow-up
• Consider flat-fee arrangements — they cap your costs and eliminate billing surprises
• Settle when the numbers make sense — a reasonable settlement at the settlement conference avoids trial preparation costs entirely
• Start with a demand letter — many disputes resolve at this stage for a fraction of the cost of litigation

Frequently asked questions

How much does it cost to file a Small Claims Court claim in Ontario?

Filing fees range from $102 (online, claims up to $5,000) to $252 (in person, claims over $5,000). Additional costs include service of documents and photocopies. All filing fees are recoverable if you win.

How much does a Small Claims Court lawyer cost in Toronto?

Many Toronto Small Claims Court lawyers charge flat fees ranging from $1,500 to $5,000+ depending on complexity and whether the case settles or goes to trial. Jonathan Kleiman offers flat-fee pricing on most matters and a free 30-minute initial consultation.

Can I recover my legal fees if I win in Small Claims Court?

The court may award up to 15% of the amount claimed in representation fees, plus disbursements (filing fees, service costs, photocopies). The award is at the judge's discretion.

What disbursements can I recover?

Recoverable disbursements include filing fees, service costs, photocopying, witness fees ($6 per day plus mileage), and costs of obtaining documents such as corporate profile reports.

Is it worth hiring a lawyer for Small Claims Court?

For claims involving significant amounts, complex facts, or an opposing party with legal representation — yes. A lawyer improves outcomes, negotiates better settlements, and can recover a portion of fees through the 15% cost rule. A free consultation helps you decide.

Get a clear cost estimate

Jonathan Kleiman offers a free 30-minute consultation for Small Claims Court matters. He will assess the strength of your case and quote the cost before any work begins — no surprises.

Call 416-554-1639 or book a free consultation.