- Ontario civil litigation generally follows a "loser pays" principle: an unsuccessful party is usually ordered to pay some portion of the successful party’s legal costs, typically…
- A self-represented litigant who loses can still be ordered to pay a cost award to the winning side, calculated based on what the winning side’s own legal representation reasonably cost —…
- In some circumstances, courts have recognized that a self-represented litigant who wins can be awarded a modest amount to reflect the time and effort they put into the case, even though…
Losing a civil case in Ontario rarely just means walking away empty-handed — it often means being ordered to help pay the other side’s legal costs too. A common question from people considering self-representation is whether that risk is any different if you don’t have a lawyer. The short answer: not much. Cost exposure is one of the areas where self-representation offers the least protection.
The General Rule: Losing Usually Means Contributing to the Other Side’s Costs
Ontario civil litigation generally follows a "loser pays" principle: an unsuccessful party is usually ordered to pay some portion of the successful party’s legal costs, typically assessed on the partial indemnity scale, though the exact amount and scale are always within the court’s discretion. This applies across the civil litigation system, from Small Claims Court up through the Superior Court of Justice.
Does Self-Represented Status Change the Amount You Might Owe?
Not in principle. A self-represented litigant who loses can still be ordered to pay a cost award to the winning side, calculated based on what the winning side’s own legal representation reasonably cost — not reduced because the losing party had no lawyer of their own. Representation status affects your own expenses, not what you might owe the other side if you lose.
Can a Self-Represented Litigant Recover Costs If They Win?
This is where things get more nuanced. In some circumstances, courts have recognized that a self-represented litigant who wins can be awarded a modest amount to reflect the time and effort they put into the case, even though they did not pay legal fees in the traditional sense. That said, this kind of award tends to be far more limited than what a represented party would recover for actual legal fees, and it is always at the court’s discretion rather than guaranteed. Do not assume a cost award will fully offset your time if you win as a self-represented party.
Factors That Can Move a Cost Award Up or Down
- How the litigation was conducted. Unreasonable, unnecessarily aggressive, or bad-faith conduct by either side can increase the costs ordered against them.
- Offers to settle. Formal settlement offers made and rejected earlier in a case can affect the cost consequences later, sometimes significantly, depending on how the final result compares to the offer.
- The complexity and length of the proceeding. More complex or longer cases generally generate higher costs overall, which affects what a losing party may be ordered to contribute.
- The court’s overall discretion. Ultimately, Ontario courts have broad discretion over both whether to award costs and how much, considering the circumstances of the specific case.
How to Protect Yourself From a Large Cost Award
- Understand your exposure before you start. Know that losing carries a real risk of contributing to the other side’s costs, not just losing your own claim or defence.
- Consider settlement offers seriously. A reasonable offer you reject can affect costs later if the final result is less favourable than what was offered.
- Avoid unnecessary motions or delays. Conduct that drags out the litigation unnecessarily can attract cost consequences of its own.
- Get at least limited legal input on high-stakes decisions. Even brief legal advice at key decision points can help you avoid conduct that increases your cost exposure later.
- Weigh the claim’s value against the litigation costs at stake, including the risk of an adverse cost award, before deciding whether to pursue or defend a case to trial.
Frequently asked questions
Is there a cap on how much I could be ordered to pay in costs?
There is no fixed cap that applies across all cases — the amount is discretionary and depends on the case’s circumstances, complexity, and how the litigation was conducted. Don’t assume a small claim automatically means small cost exposure.
Do I have to pay the other side’s costs even if I represented myself competently?
Yes, potentially. Cost awards are generally based on the outcome and conduct of the case, not on whether you did a good job representing yourself. A well-argued but ultimately unsuccessful case can still result in a cost order against you.
Can I ask the court not to award costs against me because I didn’t have a lawyer?
You can raise your circumstances, and courts have discretion to consider a range of factors, but self-representation alone is not a guaranteed reason to avoid a cost award. The outcome depends on the judge’s overall assessment of the case.
Does winning guarantee I’ll recover all my costs?
No. Even a represented, winning party rarely recovers the full amount of their actual legal costs — cost awards are typically a partial contribution, not full reimbursement, and the amount remains at the court’s discretion either way.
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