Small Claims Court Fees (20:App I)

Fee Waiver:

There are no settlement, trial conference or trial scheduling fees, unless an adjournment is requested. If a trial date is reset less than 30 days before the date of the proceeding, the party adjourning the trial must pay $100 to the court. This fee does not apply if the matter must be reset due to the unavailability of a judge, or if the party requesting the change was not notified of the trial date at least 45 days in advance (Rule 17(5.2)). There are no fees for “interlocutory” applications. There are fees for some collection orders. Filing fees, interest, disbursements and, in most cases, reasonable expenses may be recovered from the unsuccessful party (Rule 20(2)). Legal (i.e. a lawyer’s) fees are not recoverable. If a party cannot afford the court’s fees, they may apply to the registrar to be exempt from paying the fees (Rule 20(1)) by completing a Form 16 (Rule 16(3)).

Common Fees:

For filing a notice of claim
(a) for claims up to and including $3 000	100
(b) for claims over $3 000	156
For filing a reply, unless the defendant has agreed to pay all of the claim
(a) for claims up to and including $3 000	26
(b) for claims over $3 000	50
For filing a counterclaim or a revised reply containing a new counterclaim
(a) for counterclaims up to and including $3 000	100
(b) for counterclaims over $3 000	156
For filing a third party notice	25
For resetting a trial or hearing with less than 30 days' notice before the date of the proceeding as set on the trial list, unless the matter must be reset due to the unavailability of a judge	100
For personal service by the sheriff
(a) for receiving, filing, personally serving one person, and returning the document together with a certificate or affidavit of service or attempted service	100
(b) for each additional person served at the same address	20
(c) for each additional person served not at the same address	30

Other Fees:

For a full list of fees see the Small Claims Rules Schedule A.

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