The party that is successful in a Small Claims Court action is usually awarded costs.

Costs in Ontario Small Claims Court include court filing fees, service costs and representation fees. As of 2026, the maximum claim limit is $50,000, not including interest and costs.

The two main types of costs in Ontario Small Claims Court are disbursements and representation costs (often called legal fees).

1. Disbursements (out-of-pocket expenses)

Disbursements are the actual, direct expenses you pay to third parties to move your lawsuit forward. If you win your case, the judge will almost always order the losing party to pay you back for these.

  • Court fees: Money paid directly to the court clerk to file documents, for example the $108 fee to file a plaintiff’s claim or the $308 fee to set a trial date. These are the fees for anyone who files fewer than 10 claims a year at the same court.
  • Service fees: Money paid to a private process server or Canada Post to formally deliver documents to the other party.
  • Evidence and travel: Expenses for photocopying, buying court transcripts, or paying standard witness travel allowances.

Representation costs are the fees charged by a licensed paralegal or lawyer to prepare your case and argue it in court. Unlike disbursements, these are heavily capped by Ontario law to keep Small Claims Court affordable.

  • The 15% cap: The judge can generally only order the losing party to pay a maximum of 15% of the amount claimed (or of the value of the property you’re asking to get back) toward your legal fees, even if your legal bill was higher. For example, that’s a maximum of $1,500 on a $10,000 claim.
  • Self-represented allowance: If you don’t hire a professional and represent yourself, you can’t claim legal fees, but the judge can award you up to $500 for the time and inconvenience of handling the case.

Sources: Courts of Justice Act, section 29; Rules of the Small Claims Court, rule 19; Ontario Regulation 332/16 (court fees).

This article is general information about Ontario law, not legal advice about your situation. The date on your own paperwork is the one that counts. If you're unsure, call us at 1-888-609-4414.