How can I sue in Small Claims Court?

2. Find out if you must pay court fees

The fee to file a Plaintiff’s Claim is $102. If you can't afford the fee, you can ask for a fee waiver.

Standard requirements for a fee waiver

If you get a fee waiver, you won't have to pay court fees.

You can ask for a fee waiver if your household income is:

  • mainly from Ontario Works, Ontario Support Program, Old Age Security plus Guaranteed Income Supplement, Canada Pension Plan, or War Veterans Allowance
  • less than the amounts listed in A Guide to Fee Waiver Requests

You may also be able to get a fee waiver if you think you have a good reason for not being able to pay your legal fees.

If you're single, you're only eligible for a fee waiver if you make less than $2,600 per month.

You can ask for a fee waiver at any time before or during your court case. But if you get a fee waiver, it will only cover fees you haven't yet paid. You won't be reimbursed for fees you paid before you got a waiver. There is no charge to request a fee waiver.

To ask for a waiver, complete a Fee Waiver Request to Registrar, Clerk or Sheriff. Once you've completed the Fee Waiver Request, give it to the at Small Claims Court.

If you don’t meet the requirements

If you meet the standard requirements, the clerk may give you a fee waiver. But if the clerk doesn't give you a fee waiver, you can ask the court to consider your request. This means a judge will look at your situation and decide if you should get a fee waiver.

You can do this even if you don't meet the standard requirements for a fee waiver. Even if your income is too high or you don't meet other requirements, you can ask the court to consider your request. But you must have a good reason. For example, you may ask for a fee waiver if you have a medical condition or disability. 

If you get a fee waiver

If you're approved for a fee waiver, you will get a Fee Waiver Certificate. You need to show your certificate whenever a fee is payable. If you don't, the court staff can't waive the fee.

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