How Much Does It Cost to Go to Small Claims Court in Canada?

Small Claims Court is perhaps Canada’s most accessible court. It provides a mechanism by which individuals and businesses can settle disputes without the prohibitive cost usually attached to larger-court proceedings. But despite the process being streamlined and less expensive, there are charges involved that many individuals don’t expect.

Knowing small claims court fees Ontario and the possible cost of professional assistance, such as a paralegal, can enable you to prepare your case confidently. This article outlines the most frequent charges, surprise costs, and the advantages and disadvantages of doing it yourself versus employing a pro.

Expenses for Filing in Small Claims Court

The first cost you’ll encounter is the filing fee for your claim. In Ontario, the Small Claims Court filing fee is typically between $102 and $226, depending on the type of claim and how it is filed.

• Filing a Plaintiff’s Claim (Form 7A): The most common type of filing, required to start a case.
• Filing a Defendant’s Claim: If you’re counter-suing, you’ll need to pay a separate filing fee.
• Motions and Other Filings: If the case necessitates motions, you can be charged additional fees per step. 

These fees can be small in comparison to higher courts, but they are merely the start of the overall cost.

Costs for Service and Administration

Once filed, the claim needs to be properly served upon the other party, referred to as “serving the documents.” This can include counted expenses, such as:

• Process server fees: $40–$100, depending on where you are.
• Registered mail costs: If serving by mail, you’ll need proof of delivery.
• Copying and printing: While minor, these costs add up with multiple documents.

Although these costs aren’t as visible as filing fees, they are necessary to keep the case valid in court.

Court Hearing Fees

If your case progresses to trial, there may be additional costs for setting the matter down for a hearing. For example:

• Trial scheduling charges (occasionally referred to as “setting down” charges).
• Adjournment fees should your case be pushed back or postponed.

Although each province has its own regulations, in Ontario, these charges can cost $100–$300 based on complexity. 

The Hidden Expenses of Representing Yourself

On the surface, doing your own claim may seem like a money-saving approach. But in reality, self-representation usually has hidden expenses:

• Time wasted preparing papers without a definitive direction.
• Errors in filing that lead to delays or outright dismissal.
• Lost opportunities for settlement because you lack the insight needed to effectively use negotiation strategies. 
• Stress and lost wages from taking time off work to handle your case.

When these risks are considered, the “savings” of not using professional assistance quickly vanish.

Fees For Small Claims Paralegal

It is usually less expensive to hire a paralegal for your case than to hire an attorney. Ontario small claims paralegal fees vary, but most charge either:

• Fixed fees for simple cases are between $500 and $1,500 based on complexity.
• Hourly rates between $100 and $250 an hour for more complex cases.

Paralegals can:

• Correctly organize and present your claim.
• Serve documents correctly.
• Act as your representative during talks or court proceedings.
• Advise you on reasonable settlement alternatives.

While this is an additional cost, most clients determine that paralegal assistance avoids expensive errors and enhances their ability to recover financially.

A Comparison of Costs: Doing It Yourself (DIY) vs. Hiring a Paralegal

Here’s a generic comparison of costs:

• DIY Method: Filing fees ($100–$226), service fees ($40–$100), potential for errors causing delays or loss of claims.
• Paralegal Representation: Filing fees + service fees + paralegal charges ($500–$1,500), but with professional expertise and better opportunities for success.

In the majority of instances, the extra cost of employing a paralegal is recouped by the better result of your case—either in a more equitable settlement or a winning verdict.

The Peril of Paying the Costs to the Opposing Side

Another cost that most fail to consider is the risk of paying part of the opposing party’s fees if you lose. Losing parties are ordered to pay the winner’s legal fees by the courts, even in Small Claims Court. Although these awards are restricted in relation to higher courts, they do have the potential to add hundreds of dollars to your general expenses.

This makes building a solid case imperative—and professional assistance that much more valuable.

Setting Up Your Small Claims Case Budget

If you are thinking of proceeding with a case, regard the process as an investment. Plan not just for the immediate small claims court costs Ontario, but also for the cost of service, possible paralegal expenses, and the likelihood of additional outlays. Knowing the financial aspects of your claim keeps you prepared and able to make rational decisions regarding whether to pursue it.

Conclusion

Suing in Small Claims Court in Canada is meant to be cheap, but it does cost. Between filing fees, service fees, surprise expenses, and the danger of doing it all yourself, the true cost can quickly escalate.

Hiring a paralegal can come at an additional cost, but their experience sometimes saves you money down the line by preventing costly errors and making you more money. Regardless of whether your case is about unpaid bills, contract disagreements, or property damage, understanding the complete financial situation up front is the best decision you can make.

Get a transparent cost estimate—speak with our team today.

FAQs

1. How much does it cost to initiate a Small Claims Court case in Ontario?
Filing costs typically run from $102 to $226, depending on the claim.

2. Is there more than a filing fee?
Yes, you can expect to pay for serving papers, booking hearings, and printing or sending paperwork.

3. How much do paralegals charge for Small Claims Court?
Most paralegals charge flat fees of $500 to $1,500, or hourly fees ranging from $100 to $250.

4. Can I represent myself to save money?
Yes, but errors or delays might cost more than it would to hire a paralegal.

5. Do I have to pay the other person’s fees if I lose?
Sometimes. Courts can require you to pay part of the winner’s legal fees.