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LegalCalc Ontario
Guide

Ontario Small Claims Court fees in 2026

The 2026 clerk fees for the Ontario Small Claims Court under O. Reg. 332/16: filing a claim, defence, motions, judgment, and enforcement, plus the frequent-claimant definition.

Published 19 July 2026 · Last reviewed 19 July 2026 · Reviewed for general legal information.

Scope of this guide
Fees below are drawn from O. Reg. 332/16 (Small Claims Court - Fees and Allowances), current consolidation dated 19 December 2025. Amounts are set by regulation and are revised periodically. Confirm against the official regulation before filing.

Who charges what

Court fees are paid to the clerk of the Small Claims Court under O. Reg. 332/16. They are separate from party-and-party costs a judge may order at the end of a case, and separate from disbursements a lawyer or paralegal charges you on an invoice.

2026 fees verified against O. Reg. 332/16, current consolidation from 19 December 2025; recheck on the publication date.

Common 2026 fees

  • Plaintiff's Claim - infrequent claimant: $108; frequent claimant: $228.
  • Defence: $77.
  • Defendant's Claim: $108.
  • Notice of motion: $127.
  • Request to fix trial or assessment date - infrequent: $308; frequent: $403.
  • Request for default judgment - infrequent: $94; frequent: $128.
  • Certificate of judgment: $30; writ of seizure and sale, writ of delivery, or notice of examination: $68.
  • Issue or renew notice of garnishment: $144.

Frequent-claimant definition

A frequent claimant is a claimant who, on or after January 1 in a calendar year, has already filed 10 or more claims in the same Small Claims Court office in that calendar year. The next claim filed after reaching that threshold is charged at the frequent-claimant rate. The count resets each January 1 and is tracked per court office.

Fee waivers

Individuals who cannot afford court fees may apply for a fee waiver on a prescribed form. A waiver granted by the court excuses the listed fees, subject to the terms of the order. Corporate parties cannot obtain a fee waiver.

When fees change

O. Reg. 332/16 provides for scheduled automatic adjustments. The next scheduled adjustment is 1 January 2027. Always check the current consolidation on the day you file, because unscheduled amendments can also occur.

Worked example

Facts. An infrequent claimant issues a Plaintiff's Claim, requests default judgment after no defence, then requests a certificate of judgment and a writ of seizure and sale to enforce.

Fees. $108 (claim) + $94 (default judgment) + $30 (certificate) + $68 (writ) = $300 in court fees, before any enforcement office charges or sheriff's disbursements.

Official sources

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