Civil Lawsuit Cost & Risk Wizard
A lawsuit can be the right move — or an expensive one that is out of proportion to what you can recover. This wizard walks through the amount at stake, complexity, and whether a judgment could actually be collected, so you can weigh the real cost and risk before you commit.
What Is at Stake
Common Questions
Frequently Asked Questions
How much does a civil lawsuit cost in Ontario?
It varies widely with the complexity, the court, and how hard the matter is fought. Costs include court fees, legal fees, and sometimes expert reports. In the Superior Court, an unsuccessful party can also be ordered to pay a portion of the other side's costs, which adds to the risk.
What does "proportionality" mean in litigation?
It is the idea that the effort, cost, and procedure of a case should be proportionate to what is at stake. A dispute over a modest amount generally should not be run like a multi-million-dollar case, which is part of why Small Claims Court exists for smaller claims.
What happens if I lose a civil case?
Beyond not recovering, in the Superior Court you can be ordered to pay a portion of the successful party's legal costs. This "costs" exposure is an important part of assessing the risk of litigation, and it is different in Small Claims Court, where cost awards are more limited.
Why does collectability matter so much?
A judgment is only worth what you can actually collect. If the other party has no assets or income, even a winning case may not put money in your pocket, so assessing their ability to pay before you sue is critical.
Does this wizard tell me whether to sue?
No. It helps you weigh the cost, risk, and proportionality factors relevant to your situation. The decision to litigate should be made with legal advice tailored to your specific facts.
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