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Litigation

Am I entitled to interest on top of my Small Claims Court judgment in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. In Ontario, the Courts of Justice Act entitles successful plaintiffs to interest on their judgment, and Small Claims Court applies the same framework. There are two types: prejudgment interest (from the date your cause of action arose to the date of judgment) and postjudgment interest (from the date of judgment until the debt is paid).

The rates for prejudgment and postjudgment interest are set quarterly by the province based on a statutory formula. These rates are generally modest and are separate from any contractual interest rate that may appear in a written agreement. If your contract specifies an interest rate, the court may apply that rate for the contractual period; if it is silent, the statutory rate applies.

You must specifically claim interest in your Plaintiff's Claim to be awarded it — if you forget to plead it, the court may not include it even if you win. The court also has discretion to adjust interest in certain circumstances, for example where there have been unreasonable delays. Interest on the court's $35,000 limit is excluded from that cap — you can recover up to $35,000 plus interest and costs.

Key takeaways

  • Both prejudgment and postjudgment interest are available under the Courts of Justice Act.
  • Rates are set quarterly by the province and are separate from contractual rates.
  • You must specifically claim interest in your Plaintiff's Claim — it is not awarded automatically.
  • Interest and costs are excluded from the $35,000 claim limit.
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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