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Changes to some Ontario court fees
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On January 1, 2023, the government raised some of the fees that people pay to use Ontario's courts. They also made changes to how much money a person can make to qualify for a fee waiver. |
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Types of court cases that are affected
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The fee increases apply to cases in:
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- Small Claims Court, which deals with claims asking for up to $35,000.
- Family courts, which deal with issues like child support, parenting arrangements, spousal support, property division, and divorce.
- Civil courts, which deal with claims about estates, wills, and powers of attorney. Some civil courts also hear appeals from other courts and tribunals
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Fees charged by tribunals
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Many legal issues in Ontario are dealt with by tribunals instead of courts. Some tribunals like the Landlord and Tenant Board have their own fees. |
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Other tribunals don’t charge fees like the Social Benefits Tribunal and the Human Rights Tribunal of Ontario.
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Tribunals were not affected by the January 1 increases. But appealing a tribunal decision often means going to court. So those appeals are affected.
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Some of the new fees
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Legal cases usually have several different steps. Some of these steps involve paying a court fee. The government has a list of the new fees. There are some examples in the chart below. |
| Type of fee |
New amount |
Old amount |
| Starting a claim in Small Claims Court |
$108 |
$102 |
| Filing a defence in Small Claims Court |
$77 |
$73 |
| Scheduling a trial in Small Claims Court |
$308 |
$290 |
| Filing an application for divorce in family court |
$214 |
$202 |
| Appealing the decision of a tribunal or Small Claims Court |
$243 |
$229 |
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If someone can't afford to pay
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People with low incomes might be able to get a fee waiver, which means they don't have to pay the fees related to their case. There are 3 ways to qualify for a waiver.
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1. Amount of income and assets
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People whose income and assets are below a certain amount might qualify for fee waivers. When the court fees went up on January 1, these amounts went up too. This means that more people can now qualify for fee waivers.
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To qualify for a fee waiver, someone’s gross yearly income cannot be more than a certain amount. That amount depends on the number of people in their household. Gross income is what a person makes before taxes and deductions. The new income levels are in the chart below.
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| Gross yearly income cannot be more than: |
| Size of household |
New amount |
Old amount |
| 1 person |
$33,100 |
$31,200 |
| 2 people |
$49,600 |
$46,800 |
| 3 people |
$57,300 |
$54,000 |
| 4 people |
$68,700 |
$64,800 |
| 5 or more people |
$80,200 |
$75,600 |
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But even if someone has a low income, they might have too many assets to qualify for a waiver.
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For any size of household, the highest net worth they can have and still qualify is $11,100. Net worth is what would be left if everything that someone owns is sold off and all their debts are paid.
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The most a household can have in liquid assets and still qualify is $2,800. Liquid assets are money and things that can easily be converted into money, such as stocks, bonds, and Registered Retirement Savings Plans (RRSPs) that are not locked in.
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2. Legal aid
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3. Source of income
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People also don’t have to show their income and assets if their household's main source of income is one or more of the following:
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How to ask for a fee waiver
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If someone qualifies, they get a certificate to show court staff whenever they're supposed to pay fees in the same court case.
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It's important to apply for a fee waiver as early as possible. Even if someone gets a waiver, they don't get back any fees that they already paid.
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Related resources
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