Small Claims Court Fees
The Small Claims Court fees rose November 6, 2016 however legal practitioners still haven't gotten used to the changes. For a comprehensive list of fees, see below or click here.
Standard Fee Schedule
The following fees are payable to clerks of the Small Claims Court in respect of proceedings in that Court:
1. On the filing of a claim by an infrequent claimant, $95.
2. On the filing of a claim by a frequent claimant, $200.
3. On the filing of a defendant’s claim, $95.
4. On the filing of a notice of motion served on another party, a notice of motion without notice or a notice of motion for a consent order (except a notice of motion under the Wages Act), $60.
5. On the filing of a defence, $50.
6. For the fixing of a date for a trial or an assessment hearing by an infrequent claimant, $145.
7. For the fixing of a date for a trial or an assessment hearing by a frequent claimant, $190.
8. For the filing of a request for default judgment by an infrequent claimant, $55.
9. For the filing of a request for default judgment by a frequent claimant, $75.
10. On the issue of a summons to a witness, $30.
11. On receipt for enforcement of a process from the Ontario Court of Justice or an order or judgment as provided by statute, $40.
12. On the issue of a certificate of judgment, $25.
13. On the issue of a writ of delivery, a writ of seizure and sale or a notice of examination, $55.
14. On the issue or renewal of a notice of garnishment, $125.
15. For preparing and filing a consolidation order, $115.
16. For forwarding a court file to Divisional Court for appeal, $30.
17. For making up and forwarding of papers, documents and exhibits, $30 and the transportation costs.
18. For transmitting a document other than by mail, the cost of transmission.
19. For making copies of documents,
i. not requiring certification, $1 per page,
ii. requiring certification, $3.50 per page.
20. For the inspection of a court file by,
i. a person who has entered into an agreement with the Ministry of the Attorney General for the bulk inspection of court files, $1 per file,
ii. any other person, other than a solicitor or party in the proceeding, $10 per file.
21. For the retrieval from storage of a court file, $35.
22. For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available,
i. $22 for a single day’s recording, and
ii. $10.50 for each additional day’s recording, if the request is made at the same time as a request under subparagraph i.
(3) The following fees are payable to clerks of the Small Claims Court, in addition to those payable under subsection (2), in an application under the Repair and Storage Liens Act:
1. On the filing of an application, $150.
2. On the filing of a notice of objection, $50.
3. On the issue of an initial certificate, a final certificate or a writ of seizure, $55.
Fees and allowances payable to bailiff
2. (1) The following fees and allowances are payable to bailiffs of the Small Claims Court:
1. For each attempt to enforce a writ of delivery, $36.
2. For each attempt to enforce a writ of seizure and sale of personal property,
i. where no sale is necessary, $36, or
ii. where a sale is necessary, $60.
3. For each attempt to enforce a writ of seizure under the Repair and Storage Liens Act, $36.
4. For enforcing a writ of delivery or a writ of seizure and sale of personal property, removing property seized, advertising the sale of personal property, including obtaining assistance in seizing, securing or retaining property, those reasonable disbursements that are necessarily incurred, including appraisers’ fees.
(2) A fee under subsection (1) for attempted enforcement by a bailiff is payable whether or not the attempt was successful.
Fees and allowances payable to witnesses
3. The following fees and allowances are payable to witnesses appearing before the Small Claims Court:
1. For attendance in court, $10 per day, subject to paragraph 2.
2. For attendance in court by a barrister, solicitor, physician, surgeon, engineer, veterinary surgeon or other professional who is not a party to the action, to give evidence of a professional service rendered or to give a professional opinion, $25 per day.
3. For travel to court, those reasonable travelling expenses actually incurred, but not exceeding the kilometre allowance set out in Regulation 11 of the Revised Regulations of Ontario, 1990 (Kilometre Allowances) made under the Act.