- Legal fees cover the time and expertise your lawyer puts into your case — reviewing documents, drafting pleadings, attending court, negotiating with the other side, and advising you…
- Disbursements are the separate, out-of-pocket costs your lawyer pays on your behalf (and typically bills back to you) to actually move the case forward.
- Ontario civil litigation generally follows a "loser pays" principle — an unsuccessful party is usually ordered to contribute to the successful party's costs, though the exact amount is…
Ask most people what a lawsuit costs and they think of one number: the lawyer's bill. In reality, Ontario litigation involves two different categories of expense — legal fees vs. disbursements — and mixing them up is one of the most common sources of confusion (and unpleasant surprise) for people going through the court system for the first time.
Understanding the difference helps you budget realistically, read a retainer agreement without guessing, and know what you might get back if you win.
Legal Fees: What You Pay for Your Lawyer's Work
Legal fees cover the time and expertise your lawyer puts into your case — reviewing documents, drafting pleadings, attending court, negotiating with the other side, and advising you along the way. Fee arrangements vary by firm: some bill by the hour, some charge a flat fee for defined stages of a case, and some (in limited circumstances) work on a contingency basis. Whatever the structure, this is the fee for the lawyer's work itself.
Disbursements: The Out-of-Pocket Costs of Running a Case
Disbursements are the separate, out-of-pocket costs your lawyer pays on your behalf (and typically bills back to you) to actually move the case forward. Unlike legal fees, disbursements are often fixed by government regulation or set by a third party, not by your lawyer.
Common Ontario litigation disbursements include:
| Disbursement | Example | Approximate Cost* |
|---|---|---|
| Issuing a Statement of Claim (Superior Court) | Starting a Superior Court action | $243.00 |
| Filing a Statement of Defence (Superior Court) | Responding to a claim | $194.00 |
| Filing a first trial record (Superior Court) | Setting a matter down for trial | $859.00 |
| Filing a Plaintiff's Claim (Small Claims, infrequent claimant) | Starting a Small Claims case | $108.00 |
| Filing a Small Claims Defence | Responding to a Small Claims case | $77.00 |
| Filing a Small Claims motion | A motion within a Small Claims case | $127.00 |
| Issuing a notice of garnishment (Small Claims) | Garnishing a judgment debtor | $144.00 |
| Issuing a writ of seizure and sale (Small Claims) | Enforcing a judgment against property | $68.00 |
*As of mid-2026 — court fees are set by regulation and change periodically, so verify the current amount before relying on it.
Beyond these government filing fees, disbursements can also include process server fees for serving documents, expert witness reports, transcript costs, and similar third-party expenses. These vary widely depending on the case and aren't fixed government fees, so it's worth asking your lawyer for a realistic estimate specific to your matter rather than assuming a standard figure.
Why the Distinction Matters for Cost Awards
Ontario civil litigation generally follows a "loser pays" principle — an unsuccessful party is usually ordered to contribute to the successful party's costs, though the exact amount is always within the court's discretion. Disbursements are typically treated somewhat differently from legal fees in a costs award: a successful party is often able to recover their reasonable, necessary disbursements more readily than the full value of their legal fees, since fees are subject to a broader discretionary "reasonableness" assessment. Neither category is guaranteed to be recovered in full, and the split depends heavily on the outcome and the court's assessment of the case.
How These Add Up in a Real File
Disbursements tend to scale with the complexity and court level of a case. A straightforward Small Claims matter that never goes past a settlement conference might involve only a filing fee and perhaps a motion fee. A Superior Court action that proceeds through discovery, motions, and a full trial can accumulate meaningfully more — the trial record fee alone is one of the larger line items — plus whatever expert or transcript costs the specific case requires. This is one of the reasons choosing the right court and procedural track matters from the outset, not just for legal complexity but for overall cost.
How Treadstone Structures This
Treadstone Law's litigation work runs on flat, transparent fees, so you know the legal fee portion of your case upfront rather than watching an hourly clock. Disbursements — court filing fees and any third-party costs specific to your matter — are identified and discussed separately, so there are no surprises about what's covered by the flat fee and what isn't.
Frequently asked questions
Are disbursements included in a flat legal fee?
Not usually. A flat legal fee typically covers your lawyer's work; disbursements are separate, pass-through costs paid to the court or third parties. A clear retainer agreement should specify exactly what's included and what isn't.
Can I recover my disbursements if I win?
Often, at least in part — Ontario courts frequently order the losing party to reimburse reasonable, necessary disbursements as part of a costs award, though this is always at the court's discretion and depends on the outcome and conduct of the case.
Do disbursements change based on which court I'm in?
Yes. Small Claims Court disbursements are generally lower than Superior Court disbursements, reflecting the different fee schedules and procedural requirements of each court.
What's the biggest disbursement in a typical lawsuit?
In Superior Court matters, filing a trial record is often one of the largest single government fees, and expert reports (where needed) can add significantly more. In Small Claims Court, disbursements are generally much more modest overall.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.