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Find out exactly what it costs to file a claim or a Defence in Ontario Small Claims Court, and see every other fee — motions, trial dates, and enforcement — your case could involve.
For estimation purposes only. Not legal advice. Confirm current fees with the court office.Select anything else you expect your case to involve. Each carries its own fee under the same regulation — see the full fee schedule below the calculator.
Filing a Plaintiff's Claim in Ontario Small Claims Court costs a flat $108, or $228 if you're a frequent claimant who has filed 10 or more claims at the same court office in the current year. Filing a Defence is free. Later steps — a motion, requesting a trial date, or enforcing a judgment through garnishment or a writ of seizure and sale — each carry their own fee under the same regulation, O. Reg. 332/16. Fees don't change based on how much you're claiming, and people who meet financial eligibility criteria can apply to have court fees waived.
Most people researching Small Claims Court only find the headline number — the cost to file a Plaintiff’s Claim. But a contested case can touch several other fees along the way: a motion if there’s a procedural dispute, a fee to request your trial date, and — if you win but the other side doesn’t pay — fees to enforce the judgment through garnishment or a writ of seizure and sale. This calculator covers the whole picture, not just the first form.
Every one of these fees is set province-wide by the same regulation, O. Reg. 332/16 under the Administration of Justice Act, so the cost is the same whether you file in Toronto, Brampton, Newmarket, or anywhere else in Ontario. Fee amounts are adjusted by the province from time to time, so treat the figures below as a guide and confirm the exact current amount with the court office or with our office before you file.
Flat fee to file a Plaintiff’s Claim — $108 for most people, $228 for frequent claimants. No fee to file a Defence.
Filing fees don’t scale with the amount you’re claiming — a $500 claim and a $50,000 claim cost exactly the same to start.
Filing fees are generally added to your judgment and recoverable from the defendant if your claim succeeds.
If you meet financial eligibility criteria, the court can waive filing and other court fees — ask the court office or our team.
| Document / Step | Who Pays | Amount |
|---|---|---|
| Plaintiff’s Claim (infrequent claimant) | Plaintiff | $108 |
| Plaintiff’s Claim (frequent claimant, 10+/yr) | Plaintiff | $228 |
| Defendant’s Claim / counterclaim | Defendant | $108 / $228 |
| Statement of Defence | Defendant | No fee |
| Notice of motion | Moving party | Confirm current fee |
| Requesting a trial date | Plaintiff | Confirm current fee |
| Notice of garnishment | Judgment creditor | Confirm current fee |
| Writ of seizure and sale | Judgment creditor | Confirm current fee |
| Notice of examination (aid of execution) | Judgment creditor | Confirm current fee |
We intentionally don’t publish a specific dollar figure for the motion, trial date, and enforcement rows above — the province updates court fees periodically, and we’d rather send you to the current number than a stale one. See Ontario’s Small Claims Court fees page or O. Reg. 332/16 for the current schedule, or call our office and we’ll confirm the exact amount for your situation.
Ontario allows people who meet financial eligibility criteria to apply to have court fees — including Small Claims Court filing fees — waived entirely, under the fee waiver rules in O. Reg. 258/98. Eligibility generally turns on your income and household circumstances, including whether you receive certain government assistance. If cost is the only thing standing between you and filing a legitimate claim or defending yourself, it’s worth asking the court office for the fee waiver request form, or raising it with our office during a free consultation.
Filing a Plaintiff’s Claim costs a flat $108 for most people, or $228 if you’re a frequent claimant who has filed 10 or more claims at the same court office in the current year. The fee is the same regardless of how much you’re claiming, up to the $50,000 limit, and it’s recoverable from the defendant if you win.
No. Ontario does not charge a filing fee to file a Statement of Defence in Small Claims Court. If you later bring your own motion or a counterclaim, those steps carry their own fees.
Beyond the initial claim, a case can involve fees for a notice of motion, requesting a trial date, and — after judgment — enforcement steps such as garnishing wages or a bank account, a writ of seizure and sale, or an examination in aid of execution. Each is set by the same fee regulation (O. Reg. 332/16) as the claim fee. Because amounts are updated periodically, confirm the current fee with the court office or in a free consultation with our office before you file.
You’re treated as a frequent claimant if you (or your business) have filed 10 or more Small Claims Court claims at the same court office within the current year. Frequent claimants pay $228 to file instead of the standard $108.
Often, yes. If you win your case, the court can order the losing party to reimburse your filing fees and other disbursements as part of the judgment, in addition to any representation costs awarded under Rule 19.04.
Ontario has a fee waiver process for people who meet financial eligibility criteria, set out under the Administration of Justice Act fee waiver rules. If you qualify — for example based on income or receipt of certain government assistance — the court can waive filing and other court fees. Ask the court office for the fee waiver request form, or speak with our office about whether you may be eligible.
No. Filing fees in Ontario Small Claims Court are flat fees — they do not increase or decrease based on how much you’re claiming, whether you’re suing for $500 or the full $50,000 limit.
Appeals of Small Claims Court decisions generally go to the Divisional Court and involve separate appeal fees under a different fee schedule than the Small Claims Court itself. Because appeal rights are limited and fees can change, confirm the current amount before filing and speak with a lawyer or paralegal about whether an appeal is realistic in your case.
Yes. The fee schedule is set province-wide under O. Reg. 332/16, so the cost to file a claim, motion, or enforcement document is the same whether you file in Toronto, Brampton, Newmarket, or any other Ontario Small Claims Court office.
No — this calculator and the fee schedule above cover the most common fees. But if your case is likely to involve a motion, a counterclaim, or enforcement after judgment, a free consultation with our office can help you budget accurately and avoid surprises as your case moves forward.
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