How much will it cost to make a claim in Ontario

Sep 20, 2016

In order to make a claim in Ontario court you must pay court fees. There a number of fees you will be required to pay, however they depend on the steps you take in your case. The further your claim moves, the more fees you may be required to pay. You should expect to pay fees to file documents and issue action. Ontario court fees are regulated under the Administration of Justice Act.

Suing in Small Claims Court

“Small claims court allows you to sue for money or the return of personal property valued at $25,000 or less, not including interest and costs.” If you want to sue a person or a business for more than $25,000 you will need to sue in Ontario’s Superior Court of Justice.

There are two claims you can file in small claims court:

1. Claims for money owed
2. Claims for damages

The court fees you will have to pay in Small Claims Court

In order to file or issue specific documents you must pay court fees. If you cannot afford to pay court fees, you may request a fee waiver.

For example, to make the initial claim you will be charged $75 and to file a request for a trial date your will need to pay an additional $100. These fees are known as “Clerk Fees,” there are a total of 22 fees under the “Scheduled Clerk Fees”. Other fees, your claim may be proxy to include “Fees and Allowances to Witnesses” and “Bailiff’s Fees.”

The most common fees include:

• Filing of a claim by an infrequent claimant $75
• Filing a notice of motion – $40
• Issuing a summons to a witness – $19
• Fixing of a date for trial by an infrequent claimant- $100

Other fees that may apply to your case

Depending on the steps your case requires you to take, Kilometre Allowance, Authorized Court Transcriptionist Fees and Superior Court of Justice Sheriff’s Fees may also apply.

To access a guide to Ontario Small Claims Court fee schedules, click here.

Legal representation in Small Claims Court

You will also need to pay your lawyer fees, if you choose to solicit legal representation in your small claims court hearing. Under legal advisement from your lawyer, you are ensured that you are suing the right person, that enough evidence has been collected and presented in order to justify your claim and that your trial is conducted to appease the judge.

It is advised to connect with a lawyer before your file a claim to ensure that your claim has merit. Your lawyer can also assist you in the collection of judgement monies if you win your case.

To be successful in suing in small claims court is to be prepared. The civil litigation lawyersof Chown Cairns law firm have a long tradition of helping individuals and businesses assert their right. Learn more about our civil and commercial litigation teams specialities.

 

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