How do I sue my former employer in Small Claims Court?

2. Find out if you have to pay the court fees

The fee for filing a Plaintiff’s Claim Form is $102.

If you can't afford to pay the fee, you can ask for a waiver by filling out a form called Fee Waiver Request to Registrar, Clerk or Sheriff. Getting a waiver means you don't have to pay court fees.

You won't have to pay the court fees if:

  • your household income is mainly from Ontario Works, Ontario Disability Support Program, Old Age Security plus Guaranteed Income Supplement, Canada Pension Plan, or War Veterans Allowance
  • your household income and are worth less than a certain amount
  • you're getting legal help through Legal Aid Ontario

Once you've filled out the request form, you give it to the clerk at Small Claims Court.

Asking the court for a waiver

You might think that you have a good reason to get a waiver, even if:

  • the clerk does not approve your request
  • you don't qualify because your income is too high

You can ask the court to give you a waiver. You do this by filling out the Fee Waiver Request to Court.

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