Inside this guide:
- Part One: Introduction
- What court fees will I have to pay if I bring an appeal in the Divisional Court?
- What if I cannot afford to pay the fees?
- Part Two: Superior Court of Justice and Court of Appeal Fees
- Part Three: Fees for Court Transcripts
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 Civil Procedure, 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.
Special thanks to the Divisional Court, whose Appeal Information Package provided valuable information for this series of Guides.
Guides are available in English and French. Visit our site for information about accessible formats.
Les guides sont affichées en anglais et en français. Visitez notre 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 Divisional Court procedures which are available at court offices and the Ministry of the Attorney General website at www.ontario.ca/attorneygeneral:
- What is Divisional Court?
- Guide to Appeals in Divisional Court
- Guide to Serving Documents in Divisional Court Appeals
- What can I do if my appeal to the Divisional Court is dismissed for delay or dismissed as abandoned?
- Guide to Fees in Divisional Court Appeals
The guide entitled “What is Divisional Court?” includes a helpful overview of Divisional Court services, as well as a glossary of legal terms you may find helpful when reading the other guides.
Content of forms under the Rules of Civil Procedure is available at the following website: www.ontariocourtforms.on.ca. Please note the forms must be formatted in accordance with the Rules of Civil Procedure. You can find tips on completing forms at the end of this guide.
The staff behind the counter at any Divisional Court office are helpful. They will answer your questions about Divisional Court procedures, but keep in mind 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 Civil Procedure, R.R.O. 1990, Reg. 194. 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/900194.
Part One: Introduction
are set out in regulations made under the Administration
of Justice Act. In Part Two of this guide, an excerpt of the Superior
Court of Justice and Court of Appeal - Fees regulation is reproduced. In addition to these fees,
there are also fees for preparing a transcript and required copies. Those fees
are listed in the Fees
for Court Transcripts regulation, an excerpt of which is set out in
Part Three of this guide. Remember, you should always refer to the actual
The fee schedules in this guide are current as of the
date of the guide. To be sure you have the current fee schedules, always refer
to the regulations. The current regulations are available at the court office or
at the Ontario government’s e-laws website at www.ontario.ca/laws/statute/90906.
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.
(Note that in addition to these
fees, you may have other costs such as lawyers’ fees. This guide addresses
court and transcript fees only.)
What court fees will I
have to pay if I bring an appeal in the Divisional Court?
The fees that must be paid in a proceeding vary from case to case
depending on what steps you take.
Meera sues Norman for a debt he owes to her in Small Claims Court. Meera wins at trial but Norman disagrees with the judge and appeals the decision. In this situation, the total fees Norman would pay are as follows:
- Fee to file Notice of Appeal: $125
- Fee to file Certificate of Perfection: $405
- Transcript from Trial (e.g. 80 pages x $4.30): $344
- Total fees: $874
course of a trial for wrongful dismissal, the plaintiff tries to introduce
evidence to which the defendant objects. The judge rules the evidence
inadmissible so the plaintiff cannot use it. The plaintiff disagrees with the
judge and seeks leave to appeal the decision. In this situation, the fees the
plaintiff would pay are as follows:
- Fee to file Notice of Motion for Leave to Appeal: $160
- Fee to file Notice of Appeal: $220
- Fee to file Certificate of Perfection: $405
- Transcript from Trial (e.g. 40 pages x $4.30): $172
- Total fees: $957
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 Divisional Court
proceedings but not to fees for transcripts or copies of transcripts. 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.
Part Two: Superior Court of Justice and Court of Appeal Fees
EXCERPT OF ONTARIO REGULATION 293/92
Amended to O. Reg. 169/07
SUPERIOR COURT OF JUSTICE AND COURT OF APPEAL — FEES
1. The following fees are payable, except in respect of proceedings to which
section 1.2 applies:
- On the issue of the following:
- A statement of claim, notice of action or notice of application, $220.
- A third or subsequent party claim, $220.
- A statement of defence and counterclaim adding a party, $220.
- A summons to a witness, $30.
- A certificate, other than a certificate of a search by the registrar required on an lication for a certificate of appointment of estate trustee, $30.
- A commission, $55.
- A writ of execution, $70.
- A notice of garnishment or notice of renewal of garnishment (including the filing of the ice with the sheriff), $140.
- On the signing of the following:
- An order directing a reference, subject to subparagraph ii, $285.
- An order on requisition directing the assessment of a bill under the Solicitors Act,
- if obtained by a client, $95,
- if obtained by a solicitor, $175.
- A notice of appointment for the assessment of costs under the Rules of Civil Procedure, $125.
- On the filing of the following:
- A notice of intent to defend, $175.
- If no notice of intent to defend has been filed by the same party, a statement of defence, a ence to counterclaim, a defence to crossclaim or a third party defence, $175.
- A notice of appearance, $155.
- A notice of motion served on another party, a notice of motion without notice, a notice of ion for a consent order or a notice of motion for leave to appeal, other than a notice of motion in a family law appeal, $160.
- A notice of return of motion, other than a notice of return of motion in a family law appeal, $160.
- In a family law appeal, a notice of motion served on another party, a notice of motion hout notice, a notice of motion for a consent order or a notice of return of motion, $125.
- A notice of motion for leave to appeal in a family law case, $125.
- A requisition for signing of default judgment by registrar, $160.
- A trial record, $405, for the first time only.
- A notice of appeal or cross-appeal from an interlocutory order, $220.
- A notice of appeal or cross-appeal to an appellate court of a final order of the Small Claims Court, $125.
- A notice of appeal or cross-appeal to an appellate court of a final order of any court or bunal, other than the Small Claims Court or the Consent and Capacity Board, $220.
- A request to redeem or request for sale, $125.
- An affidavit under section 11 of the Bulk Sales Act, $95.
- A jury notice in a civil proceeding, $125.
- For obtaining an appointment with a registrar for settlement of an order, $125.
- For perfecting an appeal or judicial review application, $405.
- For making up and forwarding of papers, documents and exhibits, $95, plus any applicable nsportation costs.
- For making copies of documents,
- not requiring certification, $1 per page,
- requiring certification, $3.50 per page.
- For the inspection of a court file by,
- a person who has entered into an agreement with the Ministry of the Attorney General for the k inspection of court files, $4 per file,
- any other person, other than a solicitor or party in the proceeding, $10 per file.
- For the retrieval from storage of a court file, $75.
- For the taking of an affidavit or declaration by a commissioner for taking affidavits, $20.
- 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,
- $22 for a single day’s recording, and
- $10.50 for each additional day’s recording, if the request is made at the same time as a request under subparagraph i.
Note: This is an unofficial excerpt of Ontario
Government legal materials.
1.1 (1) If a minor or other person under disability is entitled to receive a payment or payments under a multi-provincial/territorial assistance program agreement between Ontario and a person who has been infected with the human immunodeficiency virus through the receipt by transfusion of blood or a blood product, no fee is payable for the issue of a notice of application under Rule 7.08 of the Rules of Civil Procedure on behalf of the minor or other person under disability, despite subparagraph 1(i) of section 1. O. Reg. 272/94, s. 1; O. Reg. 136/04, s. 2, O. Reg. 335/16.
before the coming into force of this Regulation an applicant on behalf of a
minor or other person under disability has paid a fee for the issue of a notice
of application referred to in subsection (1), the fee shall be refunded to the applicant. O. Reg. 272/94, s. 1.
For a full version of SUPERIOR COURT OF JUSTICE AND
COURT OF APPEAL — FEES refer
to the Ontario government’s e-laws website at www.e-laws.gov.on.ca.
Part Three: Fees for Court Transcripts
EXCERPT OF ONTARIO REGULATION 94/14
Fees for Court Transcripts
- In this Regulation,
- “authorized court transcriptionist” means a member of a class of persons authorized by the Attorney General to transcribe recordings;
- “recording” means a recording made under subsection 5 (1) of the Evidence Act of a court proceeding or of evidence in a court proceeding.
Fees payable to an authorized court transcriptionist
- The following fees are payable to an authorized court transcriptionist:
- 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.
- 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.
- 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.
- For any additional certified copy of the transcript, in printed format, $.55 per page or $20.00, whichever is greater.
- For an electronic copy of the transcript, requested at the same time as a request for item 1, 2, 3 or 4, no charge.
- For an electronic copy of the transcript, requested at any other time, $20.00.
Note: This is an unofficial version of Ontario Government legal materials. For a full version of FEES FOR COURT TRANSCRIPTS refer to the Ontario government’s e-laws website at www.e-laws.gov.on.ca.
Tips on Completing Forms in Divisional
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.
- Content of forms
under the Rules of Civil Procedure is available at the following
This content is not formatted. It is your responsibility to ensure that the
form complies with the Rules of Civil Procedure (see for example Rule
4.01 with respect to formatting). Many of the Rules of Civil Procedure
forms contain the phrase “General heading.”
General headings are separate forms under the Rules of Civil Procedure
and must be inserted where this phrase appears, with the proper content.
- How to COUNT DAYS
FOR TIMELINES in the Rules of Civil Procedure:
When calculating timelines in the Rules
of Civil Procedure, count the days by excluding the first day and including
the last day of the period; where a period of less than seven days is prescribed,
holidays (including Saturdays and Sundays) shall not be counted; 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.
any Saturday or Sunday
any special holiday proclaimed by the Governor General or the
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.
- You can FILE your documents
by mail or in person. It is best to file documents in person, because if any
are incomplete, the clerk may inform you, and you can avoid wasting time
mailing the documents back and forth. If you file documents by mail, the date
of filing will be the date the documents are stamped upon receipt by the court
office. If the court office does not receive the documents, they will be
considered not to have been filed, unless the court orders otherwise (see Rule
4.05). All applicable fees and proof of service must be included with the
documents when you mail them. Documents cannot be faxed or e-mailed
to the court. Keep a copy of all original documents you forward to the court
for your records.
- Once court staff gives
you a COURT FILE NUMBER, make sure it is written on the upper right-hand
corner of ALL your documents.
enough COPIES of your completed forms/documents. Usually you will
require one copy for each party who must be served and one copy for your own
records. There is a fee to have copies made at the court office. Refer to the Guide
to Fees in Divisional Court Appeals for more information.
- COURT FEES must be
paid to issue and file specific documents. A listing of Superior Court of
Justice and Court of Appeal fees can be viewed at the Ministry of the Attorney
General website at www.ontario.ca/attorneygeneral
you can refer to the Guide to Fees in Divisional Court Appeals. Fees are
payable in Canadian funds, and can 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. If you cannot afford
to pay court filing fees, you may request a fee waiver. The fee waiver applies
to most fees in Divisional 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.
- An AFFIDAVIT can
be sworn or affirmed before:
Divisional Court staff member who is a commissioner for taking affidavits
(there is a fee for this service);
- a lawyer or paralegal licensed by the Law
Society of Upper Canada;
- a notary public; or
- a person who has been appointed a
commissioner for taking affidavits.
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.