Ministry of the Attorney General Français
Ministry of the Attorney General

Guide to Fee Schedules

Small Claims Court

Special thanks to the Province of British Columbia whose Small Claims Court self-help materials served as a model for this series of Guides.

ISBN 978-1-4606-6942-6

© Queen's Printer for Ontario, 2015

Inside this guide:

  1. Part One: Introduction
    1. What court fees will I have to pay if I make a claim in Small Claims Court?
    2. What if I cannot afford to pay the fees?
    3. What is a frequent claimant?
  2. Part Two: Small Claims Court Fees and Allowances
    1. Schedule 1 – Clerk’s Fees
    2. Schedule 2 – Bailiff’s Fees
    3. Schedule 3 – Fees and Allowances to Witnesses
  3. Part Three: Other fees which may apply to your case depending on the steps you take
    1. Kilometre Allowance
    2. Superior Court of Justice Sheriff’s Fees
    3. Authorized Court Transcriptionist Fees

About this guide:

The information contained in this guide is simply an overview of the relevant legislation and rules of procedure. It is not intended to be a substitute for the Rules of the Small Claims Court, which should be examined for specific information. Nothing contained, expressed or implied in this guide is intended as, or should be taken or understood as, legal advice. If you have any legal questions, you should see a lawyer or licensed paralegal.

Guides are available in English and French at www.ontario.ca/attorneygeneral. Visit this site for information about accessible formats.

Les guides sont affichées en anglais et en français sur le site www.ontario.ca/procureurgeneral. Visitez ce site pour des renseignements sur des formats accessibles.

Where to get more information:

The Ministry of the Attorney General has a series of guides to Small Claims Court procedures which are available at court offices and the Ministry of the Attorney General website at

www.ontario.ca/attorneygeneral:

Small Claims Court forms are available at court offices and at the following website: www.ontariocourtforms.on.ca. You can find tips on completing forms at the end of this guide.

The staff behind the counter at any Small Claims Court office are helpful. They will answer your questions about Small Claims Court procedures, but keep in mind that they cannot give legal advice and they cannot fill out your forms for you.

For more detailed information, you should refer to the Rules of the Small Claims Court. It is a regulation made under the authority of the Courts of Justice Act. To view the Rules on-line, go to www.ontario.ca/laws/regulation/980258.

Part One: Introduction

You must pay a fee to file a claim in Small Claims Court and for most steps in a proceeding such as filing a motion, requesting a trial date and taking steps to enforce a judgment.

Court fees are set out in regulations made under the Administration of Justice Act. In Part Two of this guide, the Small Claims Court Fees and Allowances regulation is reproduced. Other fees that you may have to pay, depending on the steps you take in your case, are set out in Part Three. For example, if you need to take steps to enforce your judgment, you may need to pay some of the fees listed in the Sheriff’s Fees regulation. If you wish to appeal the judge’s decision at trial, you will need to pay fees listed in the Authorized Court Transcriptionist Fees regulation for preparing the transcript of your case, as well as a fee for filing your appeal. Remember, you should always refer to the actual regulations.

The fee schedules in this guide are current as of the date of the guide. To be sure that you have the current fee schedules, always refer to the regulations. Go to www.ontario.ca/laws/statute/90906.

Fees are payable in Canadian funds, and may be paid by cash, cheque or money order payable to the Minister of Finance. Where available, fees can also be paid by debit or credit card.

What court fees will I have to pay if I make a claim in Small Claims Court?

The fees that must be paid in a proceeding vary from case to case depending on what steps you take.

Example 1

Meera sues Norman for a debt he owes to her. Meera wins at trial but Norman still does not pay. Meera files a Notice of Garnishment in the same court location to have his wages garnished. In this situation, the total fees that Meera would pay are as follows:

If you summon a witness to attend your trial, you must pay the witness an attendance fee and travel allowance.

What if I cannot afford to pay the fees?

If you cannot afford to pay court or enforcement fees, you may request a fee waiver. The fee waiver applies to most fees in Small Claims Court proceedings. More information about fee waiver is available at any court office and on the Ontario Court Forms website.

What is a frequent claimant?

A frequent claimant is a party who files 10 or more claims in a calendar year in Small Claims Court. Frequent claimants pay higher fees to file a claim, to file a default judgment and to fix a trial date. Once a party has filed his or her tenth claim, that party is required to pay the frequent claimant rate for all new actions and for new steps in current actions.

Part Two: Small Claims Court Fees and Allowances

Note: This is an unofficial version of Ontario Government legal materials.

ONTARIO REGULATION 432/93

Amended to O. Reg. 363/06

SMALL CLAIMS COURT — FEES AND ALLOWANCES

  1. (1) The fees set out in Schedule 1 are payable to clerks of the Small Claims Court. O. Reg. 214/97, s. 1.

    (2) In this section and Schedule 1,

    • “claim” does not include a defendant’s claim; (“demande”)
    • “claimant” includes an individual, a sole proprietorship, a partnership, an unincorporated organization and a corporation. (“réclamant”) O. Reg. 214/97, s. 1; O. Reg. 488/98, s. 1 (1).

    (3) For the purposes of Schedule 1, a claimant who files a claim in a Small Claims Court office on or after January 1 in any calendar year and who has already filed 10 or more claims in the same office in that calendar year is a frequent claimant. O. Reg. 488/98, s. 1 (2).

    (4) For the purposes of Schedule 1, a claimant who is not a frequent claimant under subsection (3) is an infrequent claimant. O. Reg. 488/98, s. 1 (2).

  2. The fees and allowances set out in Schedule 2 are payable to bailiffs of the Small Claims Court.
  3. The fees and allowances set out in Schedule 3 are payable to witnesses appearing before the Small Claims Court. O. Reg. 432/93, s. 3.
  4. Omitted (revokes other Regulations). O. Reg. 432/93, s. 4.
  5. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 432/93, s. 5.

Schedule 1 Clerk’s Fees

1.

Filing of a claim by an infrequent claimant

75.00

2.

Filing of a claim by a frequent claimant

145.00

3.

Filing of a defendant’s claim

75.00

4.

Filing 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)

40.00

5.

Filing a defence

40.00

6.

Issuing a summons to a witness

19.00

7.

Receiving for enforcement a process from the Ontario Court (Provincial Division) or an order or judgment as provided by statute

25.00

8.

Issuing a certificate of judgment

19.00

9.

Issuing a writ of delivery, a writ of seizure and sale or a notice of examination

35.00

10.

Issuing a notice of garnishment

100.00

11.

Preparing and filing a consolidation order

75.00

12.

Forwarding a court file to Divisional Court for appeal

20.00

13.

Issuing a certified copy of a judgment or other document, per page

3.50

14.

Transmitting a document other than by mail

Cost of transmission

15.

For the inspection of a court file,

  1. by a solicitor or party in the proceeding

no charge

  1. by a person who has entered into an agreement with the Attorney General for the bulk inspection of court files, per file

1.00

  1. by any other person, per file

10.00

16.

Making a photocopy of a document not requiring certification, per page

1.00

17.

Revoked: O. Reg. 363/06, s. 1(1).

18.

In an application under the Repair and Storage Liens Act,

  1. on the filing of,

    1. an application

100.00

    1. a notice of objection

35.00

    1. a waiver of further claim and a receipt

no charge

  1. on the issuing of,

    1. an initial certificate

35.00

    1. a final certificate

35.00

    1. a writ of seizure

35.00

19.

Fixing of a date for a trial or an assessment hearing by an infrequent claimant

100.00

20.

Fixing of a date for a trial or an assessment hearing by a frequent claimant

130.00

21.

Entering of a default judgment by an infrequent claimant

35.00

22.

Entering of a default judgment by a frequent claimant

50.00

O. Reg. 214/97, s. 2; O. Reg. 488/98, s. 2; O. Reg. 17/00, s. 1; O. Reg. 11/05, s. 1; O. Reg. 271/05, s. 1; O. Reg. 363/06, s. 1.

Schedule 2 Bailiff’s Fees

1.

Revoked: O. Reg. 363/06, s. 2.

2.

For each attempt, whether successful or not, to enforce a writ of delivery

36.00

3.

For each attempt, whether successful or not, to enforce a writ of seizure and sale of personal property,

  1. where no sale is necessary

36.00

  1. where a sale is necessary

60.00

4.

For each attempt, whether successful or not, to enforce a writ of seizure under the Repair and Storage Liens Act

36.00

5.

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

Reasonable disbursements necessarily incurred, including appraisers’ fees

O. Reg. 11/05, s. 2; O. Reg. 363/06, s. 2.

Schedule 3 Fees And Allowances To Witnesses

1.

For attendance in court, unless item 2 applies, per day

6.00

2.

For attendance in court by a barrister, solicitor, physician, surgeon, engineer or veterinary surgeon who is not a party to the action, to give evidence of a professional service rendered or to give a professional opinion, per day

15.00

3.

For travel to court

Reasonable traveling expenses actually incurred, but not exceeding the kilometre allowance set out in Regulation 11 of the Revised Regulations of Ontario, 1990

O. Reg. 432/93, Sched. 3.

Part Three: Other fees which may apply to your case depending on the steps you take

A. Kilometre Allowance

R.R.O. 1990, REGULATION 11

Amended to O. Reg. 498/00

KILOMETRE ALLOWANCES

  1. If payment of a travel or kilometre allowance is authorized and the authorizing instrument states that the allowance shall be in accordance with or as set out in this Regulation, the allowance for each kilometre actually travelled is,
    1. in northern Ontario, 30.5 cents; and
    2. in southern Ontario, 30 cents. R.R.O. 1990, Reg. 11, s. 1; O. Reg. 498/00, s. 1.
  2. For the purpose of section 1, northern Ontario is comprised of,
    1. all of The District Municipality of Muskoka;
    2. everything lying north of the line consisting of Healey Lake (Municipal) Road from Healey Lake easterly to its junction with Highway 612; and
    3. everything lying north of the line consisting of Highway 60 easterly to its junction with Highway 62 at Killaloe Station and Highway 62 to Pembroke. O. Reg. 498/00, s. 2.

Note: This is an unofficial version of Ontario Government legal materials.

B. Superior Court of Justice Sheriff’s Fees

ONTARIO REGULATION 294/92

Amended to O. Reg. 217/00

  1. (1) The following fees are payable to a sheriff:
Sheriffs — Fees

1.

For up to three attempts, whether or not successful, to serve a document, for each person to be served

100.00

2.

For filing or renewing a writ of execution or order which a sheriff is liable or required to enforce and for delivering a copy of the writ or order or a renewal of it to the land registrar of a land titles division

100.00

3.

For filing or renewing a writ of execution or order which a sheriff is liable or required to enforce and which is not required to be delivered to a land registrar of a land titles division

75.00

4.

For filing a writ of seizure or a direction to seize under the Repair and Storage Liens Act

115.00

5.

For each attempt, whether or not successful, to enforce,

  1. a writ of delivery,
  1. a writ of sequestration,
  1. an order for interim recovery of personal property,
  1. an order for interim preservation of personal property, or
  1. a writ of seizure or direction to seize under the Repair and Storage Liens Act

400.00

6.

For each attempt, whether or not successful, to enforce a writ of seizure and sale or an order directing a sale

240.00

7.

For each attempt, whether or not successful, to enforce any other writ of execution or order

240.00

8.

For a search for writs, per name searched

11.50

9.

For each report showing the details of a writ, lien or order

6.30

to a maximum of $62.85 for each name searched

10.

For preparing a schedule of distribution under the Creditors’ Relief Act, per writ or notice of garnishment listed on the schedule

45.00

to a maximum of an amount equal to 20 per cent of the money received

11.

For a calculation for satisfaction of writs and garnishments, per writ or notice of garnishment

45.00

12.

For any service or act ordered by a court for which no fee is provided, for each hour or part of an hour spent performing the service or doing the act

55.00

13.

For making copies of documents (other than writs of execution, orders and certificates of lien),

  1. not requiring certification, per page

1.00

  1. requiring certification, per page

3.50

O. Reg. 217/00, s. 1.

      (2) In addition to the fees set out in paragraphs 5, 6, 7 and 12 of subsection (1), the person who requests the service shall pay the sheriff his or her reasonable and necessary disbursements in providing the services described in those paragraphs. O. Reg. 358/94, s. 1.

  1. In addition to the fees and disbursements set out in section 1, the person who requests the service shall pay the sheriff a travel allowance as set out in Regulation 11 of the Revised Regulations of Ontario, 1990 for the distance he or she necessarily travels, both ways, between the court house and the place where the sheriff,
    1. Revoked: O. Reg. 431/93, s. 2.
    2. enforces or attempts to enforce a writ or order; or
    3. performs or attempts to perform any other service directed by a court. O. Reg. 294/92, s. 2; O. Reg. 431/93, s. 2.
  2. Omitted (revokes other Regulations). O. Reg. 294/92, s. 3

Note: This is an unofficial version of Ontario Government legal materials.

C. Authorized Court Transcriptionist Fees

ONTARIO REGULATION 94/14

  1. The following fees are payable to an authorized court transcriptionist:
Fees For Court Transcripts

Item

Service

Fee

1.

To transcribe all or part of a recording and produce a first certified copy of a transcript

$4.30 per page or $20.00, whichever is greater

2.

To transcribe all or part of a recording and produce a first certified copy of a transcript, to be provided within five business days

$6.00 per page or $20.00, whichever is greater

3.

To transcribe all or part of a recording and produce a first certified copy of a transcript, to be provided within 24 hours

$8.00 per page or $20.00, whichever is greater

4.

For any additional certified copy of the transcript, in printed format

$.55 per page or $20.00, whichever is greater

5.

For an electronic copy of the transcript, requested at the same time as a request for item 1, 2, 3 or 4

No charge

6.

For an electronic copy of the transcript, requested at any other time

$20.00

O. Reg. 94/14, s. 2.

Note: This is an unofficial version of Ontario Government legal materials.


Tips on Completing Forms in Small Claims Court

  1. BE NEAT. These are court documents. All court forms must be typed, handwritten or printed legibly. It may cause delays if your forms cannot be read. Forms are available at court offices and at the following website: www.ontariocourtforms.on.ca.
  2. How to COUNT DAYS FOR TIMELINES in the Rules of the Small Claims Court:

    When calculating timelines in the Rules, count the days by excluding the first day and including the last day of the period; if the last day of the period of time falls on a holiday, the period ends on the next day that is not a holiday. The court can order, or the parties can consent to, the shortening or lengthening of the time prescribed by the Rules. Holidays include:

    • any Saturday or Sunday
    • New Year’s Day
    • Family Day
    • Good Friday
    • Easter Monday
    • Victoria Day
    • Canada Day
    • Civic Holiday
    • Labour Day
    • Thanksgiving Day
    • Remembrance Day
    • Christmas Day
    • Boxing Day
    • any special holiday proclaimed by the Governor General or the Lieutenant Governor

    NOTE: If New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday. If Christmas Day falls on a Saturday or Sunday the following Monday and Tuesday are holidays, and if Christmas Day falls on a Friday, the following Monday is a holiday.

  3. At the top of the forms, fill in the NAME AND ADDRESS OF THE COURT where you are filing the documents.
  4. Once court staff provides a COURT FILE NUMBER, make sure it is written on the upper right-hand corner of ALL your documents.
  5. Bring enough COPIES of your completed forms to the court office. Usually you will require one copy for each party who must be served and one copy for your own records. In most cases, the court will keep the original form. There is a fee to have copies made at the court office. Refer to the “Guide to Fee Schedules” for more information.
  6. COURT FEES must be paid to issue and file specific documents. Refer to the “Guide to Fee Schedules” for more information. Fees are payable in Canadian funds, and can be paid by cash, cheque or money order payable to the Minister of Finance. If you cannot afford to pay court filing or enforcement fees, you may request a fee waiver. The fee waiver applies to most fees in Small Claims Court proceedings. More information about fee waiver is available at any court office and on the Ministry of the Attorney General website at www.ontario.ca/attorneygeneral.
  7. An AFFIDAVIT can be sworn or affirmed before:
  8. These individuals are authorized to commission oaths.

    You should come to the commissioner with identification and the unsigned document. The commissioner will ask you to swear or affirm that the information in the affidavit is true and will ask you to sign the affidavit. The affidavit must be signed in front of the commissioner, since they will certify that it was sworn or affirmed in their presence.

    NOTE: It is a criminal offence to swear or affirm an affidavit you know is false.

  9. If your ADDRESS FOR SERVICE changes, you must serve written notice of the change on the court and all other parties within seven (7) days after the change takes place.