Free Civil Litigation Tool
Legal Costs Recovery Calculator
If you win a civil case in Ontario, you usually recover only part of your legal fees from the other side. Estimate how much you might get back — under Superior Court partial indemnity or the Small Claims Court cost cap.
📊 Your Details
The fees you have paid (or expect to pay) your lawyer or paralegal.
Needed to apply the 15% Small Claims cost cap.
Your Estimate
Enter your details on the left to see your estimate. This tool gives a general estimate only — not legal or financial advice.
Disclaimer: This calculator provides a rough general estimate of cost recovery only and is not legal advice. Cost awards are discretionary and depend on many factors, including offers to settle, the parties’ conduct, and the outcome. Actual recovery can be higher or lower. Confirm with a lawyer.
Frequently Asked Questions
How much of my legal fees can I recover if I win?
Usually only a portion. In the Superior Court, a successful party typically recovers partial-indemnity costs — often around 50–60% of reasonable fees. In Small Claims Court, the representation-fee award is generally capped at 15% of the claim, plus recoverable disbursements.
What is partial indemnity?
Partial indemnity is the usual scale for cost awards in Ontario civil litigation — a partial reimbursement of the winner’s legal fees, not full recovery. Higher, substantial-indemnity costs can be awarded in specific circumstances, such as after beating a formal offer to settle.
Are costs capped in Small Claims Court?
Yes. The amount a successful party can recover for a lawyer or paralegal in Small Claims Court is generally limited to 15% of the amount claimed, except in unusual circumstances. Disbursements like filing and service fees are recoverable on top of that cap.
Can I be ordered to pay the other side’s costs if I lose?
Yes, cost-shifting runs both ways. If you lose, you can be ordered to pay a portion of the winning party’s costs, subject to the same scales and caps. This downside is an important part of assessing whether to litigate.
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These tools give general estimates. For advice tailored to your situation, our Toronto civil litigation team offers a free, confidential consultation.
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