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LegalCalc Ontario
Ontario Calculator

Ontario Small Claims Costs Estimator

Model a possible costs figure using the s. 29 ordinary-costs cap (15% of the amount claimed or value of property in question), with disbursements shown separately. The calculator does not predict any award: the judge decides whether costs should be awarded, in what amount, and whether the unreasonable-behaviour exception applies.

Inputs

Ordinary costs (other than disbursements) cannot exceed 15% of the amount claimed, unless the court applies the s. 29 exception.

Two separate figures
  • Ordinary costs - a contribution to the successful party's representation cost. Capped at 15% of the amount claimed under s. 29 of the Courts of Justice Act.
  • Disbursements - out-of-pocket court fees, service, copies, etc. Not counted against the 15% cap.

The dollar figure in the Plaintiff's Claim - the base for the 15% cap.

Filing fees, service costs, certified copies, etc. Shown separately below.

Model at any figure up to 15%. The court decides the actual percentage.

For "what if" scenarios only. The s. 29 exception for unreasonable behaviour is rare and entirely at the court's discretion - never assume it applies.

Model

Amount claimed / property value
$0.00
s. 29 statutory cap (15%)
$0.00
Ordinary costs before cap (0%)
$0.00
Modelled ordinary costs
$0.00
Disbursements (outside the cap)
$0.00
User-entered amount above the ordinary cap (modelling only)
$0.00
Modelled total
$0.00
Rule 14 offer-to-settle consequences can materially change costs and require case-specific analysis. This tool intentionally does not automate them. Self-representation, representation, proportionality, party conduct, and judicial discretion may all change any award.
Estimate only
Calculations are estimates. Laws, rates, and rules can change. Obtain professional legal or financial advice before relying on any result.

About this calculator

Section 29 of the Courts of Justice Act generally limits costs other than disbursements to 15% of the amount claimed or the value of the property sought. The court may exceed that limit where it considers a higher amount necessary to penalize a party or a party's representative for unreasonable behaviour. Only the court decides whether the exception applies and what, if any, costs are awarded.

Disbursements are treated separately and are not counted against the 15% cap. Whether any costs will be awarded, and at what percentage, is a discretionary decision for the trial judge.

Worked example

A plaintiff sues for $18,000. Their disbursements (filing, service, copies) total $620. Modelled at the 15% ordinary-costs percentage, ordinary costs are $2,700, which equals the s. 29 cap. Modelled total is $3,320. The court remains free to award less, more (in exceptional circumstances), or nothing.

Frequently asked questions

Official sources

Last reviewed: 19 July 2026Spotted an error? Suggest a correction →