Ontario Small Claims Costs Estimator
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
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
Facts. A plaintiff claims $20,000 and has entered $600 of disbursements: the claim fee, the request to fix a trial date and service costs.
Ceiling arithmetic. $20,000 x 15% = $3,000. That $3,000 is the statutory ceiling on ordinary costs other than disbursements. It is not an amount the plaintiff is entitled to, and it is not a prediction.
Disbursements. The $600 is shown separately, because disbursements sit outside the ceiling. They are recoverable only to the extent the court finds them reasonable and properly proved.
The two figures are not added together into a predicted award. There is no $3,600 result on this page. A court might award nothing, might award part of the disbursements only, or might allow ordinary costs well below the ceiling. Adding a ceiling to a disbursement claim and calling the sum an expected recovery is the single most misleading thing that can be done with these numbers.
How this calculation works
This page performs a ceiling analysis. It applies the statutory percentage to the amount you enter and shows the resulting maximum for ordinary costs other than disbursements. It then lists the disbursements you entered as a separate figure. It never merges the two into a single predicted award, because no defensible arithmetic produces one.
The percentage is applied to the amount claimed, or to the value of the property sought, not to the amount of any judgment. A claimant who claims $20,000 and recovers $6,000 still has the ceiling measured against the $20,000 claimed, while the modest recovery is exactly the kind of fact that pushes an actual award far below the ceiling.
| Element | How it is treated | Why |
|---|---|---|
| Ordinary costs other than disbursements | Capped at 15% of the amount claimed or the value of the property sought | A statutory ceiling under s. 29 of the Courts of Justice Act, not an entitlement and not a tariff. |
| Disbursements | Listed separately, outside the ceiling | Section 29 caps costs other than disbursements. Reasonableness and proof are still required. |
| Representation fee | Flagged as discretionary, never assumed | Whether a represented party receives a fee, and how much, is for the court within the limits that apply. |
| Self-represented party's inconvenience and expense | Flagged as discretionary, with a maximum of $500 | The Rules allow a compensating amount up to $500. It is a ceiling on a discretionary award, not an automatic payment. |
| Offer-to-settle consequences | Flagged for legal review only, never modelled | The consequences depend on the terms and timing of the offer against the result, which is fact-specific. |
| Unreasonable conduct | Flagged for legal review only, never modelled | Only the court decides whether conduct was unreasonable and whether it justifies going above the ceiling. |
What the tool includes
- The 15% ceiling on ordinary costs other than disbursements, calculated on the amount claimed or the value of the property sought.
- A separate disbursement figure built from the amounts you enter, kept outside the ceiling.
- A prompt where a self-represented party may seek a discretionary amount for inconvenience and expense, subject to the $500 maximum.
- Plain flags where an offer to settle or alleged unreasonable conduct means the analysis needs legal review rather than arithmetic.
- A breakdown you can take to a lawyer or paralegal as the starting point for a costs discussion.
What it does not decide
- What costs a court will award. Nothing on this page is a prediction, an estimate of the likely award, or a range.
- Whether any costs will be awarded at all. A successful party is not guaranteed costs.
- Whether your conduct or the other side's conduct was unreasonable. That finding belongs to the court alone, and this tool never makes it.
- Whether the court will go above the statutory ceiling. That happens only where the court considers it necessary to penalize a party or a representative for unreasonable behaviour.
- Whether a disbursement was reasonably incurred, adequately proved, or assessable at the amount you paid.
- What an offer to settle triggers. Terms, timing and the comparison with the result all matter.
- How divided success is treated where each side wins part of the case.
Rule 19 also constrains what is ordinarily assessed even when costs are awarded: ordinarily no more than $60 per person served for a service disbursement, and ordinarily no more than $200 for preparing a claim or a defence. Those limits sit on top of the statutory ceiling, which is another reason a ceiling figure should never be read as an expected recovery.
Common mistakes
- Treating 15% as an entitlement. It is the maximum for ordinary costs, and the full amount is not automatic.
- Adding the ceiling to the disbursements and quoting the sum as an expected award.
- Applying the percentage to the judgment. It is measured on the amount claimed or the value of the property sought.
- Inflating a claim to raise the ceiling. Overclaiming carries its own risks on costs and credibility.
- Assuming service and preparation costs are recovered in full, when Rule 19 ordinarily assesses them at much lower amounts.
- Counting representation time as if it were billed hours recoverable at the ceiling. The court decides the fee within the applicable limits.
- Treating the $500 self-represented amount as a payment for time spent. It compensates inconvenience and expense, at the court's discretion.
- Relying on an offer to settle without legal advice about whether it actually engages costs consequences.
Before relying on the result
- Read the ceiling as a maximum and nothing more. Do not quote it to the other side as what you expect to be awarded.
- Keep receipts and proof for every disbursement you intend to claim, and be ready to justify each as reasonable.
- Check the current text of s. 29 of the Courts of Justice Act and Rule 19 before a costs submission.
- Get legal advice about any offer to settle, and about any allegation of unreasonable conduct on either side.
- Test your position against a realistic worst case: partial success, no costs award, and disbursements only partly allowed.
- Prepare a costs outline the court can follow, rather than a single number produced by a calculator.
Three worked examples
Fictional teaching examples - not legal authority. Each shows the ceiling arithmetic and then stops, because the award itself is a judicial decision.
Example 1 - a modest claim that succeeds in full. The claim is for $8,000 in unpaid invoices and the plaintiff wins the full amount. The ordinary-costs ceiling is 15% × $8,000 = $1,200. Disbursements are the $102 claim-issuance fee and $60 of service costs, so $162 sits outside the ceiling. The plaintiff does not have a $1,362 entitlement: the court may allow ordinary costs anywhere from nothing up to $1,200, and Rule 19 ordinarily assesses preparation at no more than $200 and service at no more than $60 per person served.
Example 2 - a large claim with a small recovery. The claim is for $35,000 and the judgment is $4,000. The ceiling is still measured on the amount claimed: 15% × $35,000 = $5,250. Nothing about that figure suggests $5,250 is likely. Recovering roughly a ninth of what was claimed is exactly the circumstance in which a court may award far less, award nothing, or consider whether the claim was overstated. Where the defendant made a Rule 14 offer that beat the result, the costs analysis can move against the plaintiff entirely, which is a legal question, not an arithmetic one.
Example 3 - a self-represented defendant who wins. The claim was for $12,000 and is dismissed. If the defendant sought costs, the ordinary-costs ceiling would be 15% × $12,000 = $1,800, but a self-represented party is not claiming a representation fee. The Rules allow a discretionary amount of up to $500 for inconvenience and expense, plus proved disbursements such as a $48 filing fee and $75 in service costs. The realistic conversation is about a discretionary amount within the $500 maximum and the $123 of disbursements, not about the $1,800 ceiling.
Practical next steps
- Write out the ceiling and the disbursements as two separate lines, and never total them.
- Assemble receipts and proof of payment for every disbursement before the costs submission.
- Confirm the current wording of s. 29 and Rule 19, and read the ministry After judgment guidance on how costs are dealt with.
- Take any offer to settle, and any allegation of unreasonable behaviour, to a lawyer or licensed paralegal.
- Prepare a short costs outline the court can follow, showing what was spent and why it was reasonable.
Official sources checked for this page: s. 29 of the Courts of Justice Act, O. Reg. 258/98 (Rules 14 and 19), and the ministry's Guide to Procedures in Small Claims Court - After judgment. Reviewed on 21 August 2026. The worked examples, the ceiling-versus- disbursement separation and the next-step checklist were added at that review; the engine and the statutory percentage were unchanged.
Legal information reviewed: 31 July 2026. Checked against the official sources listed on this page. Rates, fees and rules change; confirm anything you rely on.
Frequently asked questions
Is 15% guaranteed?
Are disbursements part of the cap?
Why doesn't the calculator handle Rule 14 offers?
Related calculator and guides
- Small Claims Court costs and the section 29 cap
How the 15% cap on costs other than disbursements works and what a Rule 14 offer can trigger.
- Ontario Small Claims Court fees in 2026
The disbursement side of a costs claim: what the clerk charged you along the way.