How much does it cost to sue someone in Ontario civil court?
The cost of a civil lawsuit in Ontario depends on the court, the complexity of the case, and whether you hire a lawyer. There are two main layers: court filing fees and legal fees.
Court filing fees are set by Ontario regulation and vary by the stage of proceedings and the court. In Small Claims Court, fees are generally modest and scale with the amount claimed. In Superior Court of Justice, filing fees are higher and additional fees apply for motions, discoveries, and trials. These fees are publicly listed on the Ministry of the Attorney General website.
Legal fees depend on the nature of your dispute, the lawyer you hire, and how the matter unfolds. Ontario lawyers may charge hourly rates, flat fees for specific tasks, or a combination. Complex litigation involving examinations for discovery, expert witnesses, and trial can be very expensive relative to the amount in dispute. In Small Claims Court, many people represent themselves, and the court is designed to be accessible without counsel.
Costs are also at risk — the losing party may be ordered to pay a portion of the winner's legal costs. Before suing, evaluate whether the amount you hope to recover justifies the cost and time of litigation. A lawyer can help you do a practical cost-benefit assessment.
Key takeaways
- Costs include court filing fees set by regulation plus legal fees if you hire a lawyer.
- Small Claims Court is more affordable and accessible for self-represented litigants.
- Superior Court litigation can become expensive relative to smaller claims.
- Evaluate cost versus likely recovery before committing to litigation.