Can I recover my legal fees and costs if I win in Small Claims Court?

In Small Claims Court, the rules on recovering legal costs are more limited than in the Superior Court. If you win, the court may award you a contribution toward your representation fees, but it is capped at a percentage of the amount claimed — the Rules of the Small Claims Court set the ceiling for what can be awarded as representation fees, and it is typically modest relative to what a lawyer or paralegal actually charges.

In addition to representation fees, the court can award disbursements — out-of-pocket expenses directly related to the case, such as filing fees, service costs, and the cost of expert reports. These are assessed on a reasonable basis.

If a party has behaved unreasonably during the proceeding — for example, by making unfounded allegations, refusing a reasonable settlement offer, or causing unnecessary delay — the court has discretion to award additional costs as a sanction. In those situations, costs can exceed the standard cap.

The upshot is that even a winning party in Small Claims Court rarely recovers their full legal spending. Weighing the cost of representation against the likely recovery is an important step before deciding how to proceed.