Family Court Fees in Ontario: Filing, Motion and Trial Costs

Before you file or respond in Ontario family court, you probably want a clear picture of what each step will cost. The answer has several parts: fees paid to the court, other charges along the way, and the separate question of who pays whose costs at the end.

This article explains where money comes into the process and how to find the current amounts. Dollar figures change over time, so it deliberately points you to the court office rather than listing numbers that may be out of date.

Three different kinds of money

People often mix these up, so it helps to separate them.

• Court fees: amounts paid to the court to start or move a step forward, such as filing documents.
• Other expenses: witness payments, service of documents and mediation charges.
• Costs orders: money one party is ordered to pay toward the other party's expenses, decided by a judge.

Lawyer fees are a fourth category and are agreed between you and your lawyer. They are not court fees.

Where fees can arise at each step

Which fees apply can depend on the court. Procedure differs between the Ontario Court of Justice, the Family Court branch of the Superior Court of Justice and the regular Superior Court of Justice, so always check with the court where you are filing.

Other charges you may meet

Service of a motion to change must be done by special service by someone other than you who is at least 18 years old. Depending on how you arrange this, there may be a cost.

Witnesses cost money too. A party who summons a witness with Form 23 must pay the witness for every day the witness is required in court. For orders affecting a non-party, the person must be served with the notice of motion, a summons (Form 23) and the witness fee.

Mediation varies. Free on-site mediation is available at family courts on the day a matter is scheduled for court, while off-site mediation may charge user fees on a scale based on income and number of dependants.

Costs orders: who pays at the end

There is a presumption that a successful party is entitled to the costs of a step in a case, and the court decides costs promptly after each step or reserves them for later. If success is divided, the court may apportion costs as appropriate. A winner who behaved unreasonably may be deprived of all or part of their costs.

In child protection cases, the presumption that the successful party gets costs does not apply. Where a party acted in bad faith, costs must be decided on a full recovery basis and are payable immediately.

When setting the amount, the court may look at time spent, written offers, legal fees and rates, expert fees and other properly paid expenses, and claims must be supported by satisfactory documentation. Before each step, parties must confer about costs or make best efforts to do so, unless a court order prohibits it or there is a risk of domestic violence.

What to do next

• Contact the court office where you will file and ask for the current fee for each form.
• Ask whether any fee relief is available in your situation.
• Budget for service, witnesses and any mediation charges.
• Keep receipts and records of every expense, since claims must be documented.
• Talk to a lawyer about how a written offer to settle could affect costs.

Free help exists. Family Law Information Centres give information about court processes, and duty counsel may give 20 minutes of free advice at family courthouses, whether or not you are eligible for legal aid.

Frequently asked questions