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Litigation

Can a self-represented litigant recover legal costs if they win a lawsuit in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, to some extent — Ontario courts have recognized that a self-represented litigant who wins a case can still receive a costs award, even though they didn't pay legal fees to a lawyer. This generally compensates them for their own time, effort, and out-of-pocket disbursements spent running the case, rather than reimbursing a legal bill that never existed. Courts typically award this at a more modest rate than they would for a party who actually paid a lawyer, since the underlying rationale is different: it's meant to recognize genuine time and effort invested, not to replicate what legal fees would have cost.

The amount awarded remains within the judge's discretion, as it is for any costs award, and depends on factors like how much work the case genuinely required, how the litigant conducted themselves, and the outcome. A self-represented litigant who wants to maximize their chances of a meaningful costs award generally benefits from keeping organized records of the time spent and disbursements incurred throughout the case, similar to how a lawyer would track billable work, rather than trying to reconstruct this after the fact. Costs, however, are never guaranteed and remain discretionary in every case, represented or not.

Key takeaways

  • A self-represented litigant who wins can still receive a costs award for their time and effort.
  • The award is generally more modest than what a represented party's legal fees would have been.
  • Costs remain discretionary and depend on the work genuinely required and the case's conduct.
  • Keeping organized records of time and disbursements as the case proceeds helps support a claim.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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