Overview

Court fees are set out in regulations made under the Administration of Justice Act.

For Divisional Court proceedings, most of the fees are set out in Ontario Regulation 293/92: Superior Court and Court of Appeal – Fees.

There can also be fees related to transferring the file of documents from the lower court or tribunal to the Divisional Court. Consult the lower court or tribunal fees for details.

Fees are payable in Canadian funds, and may be paid by cash, cheque or money order payable to the Minister of Finance. Where available, fees can also be paid by debit or credit card.

This guide addresses court fees only. Fees for transcripts, lawyers, process servers and other requirements are the responsibility of the hiring party to arrange. The fees for transcripts are regulated, and are listed in Ontario Regulation 94/14: Fees for Court Transcripts.

Court fees to pay in Divisional Court appeals

The court fees that must be paid in a proceeding vary from case to case depending on what steps you take.

Example 1

Meera sues Norman for a debt he owes to her in Small Claims Court. Meera wins at trial but Norman disagrees with the judge’s reasoning and appeals the decision. Norman decides that he does not need any of the exhibits from the Small Claims Court trial. Normal also does not get any affidavits commissioned at the courthouse. Instead, he goes to a notary public for this service.

In this situation, the court fees Norman would pay are as follows:

  • Fee to file Notice of Appeal: $138
  • Fee to file Certificate of Perfection: $645

Total: $783

Example 2

During a trial for wrongful dismissal in the Superior Court of Justice, the plaintiff (the employee) tries to introduce evidence to which the defendant (the employer) objects. The judge orders that the evidence in question is inadmissible, which means that the plaintiff cannot use it. The plaintiff disagrees with the judge’s reasoning and seeks leave to appeal the decision in the Divisional Court. Leave to appeal is granted and the appeal goes forward. The plaintiff decides that they do not need any of the exhibits from the trial to be sent to the Divisional Court, but they get five affidavits commissioned by court staff.
In this situation, the court fees the plaintiff would pay are as follows:

  • Fee to file Notice of Motion for Leave to Appeal: $339
  • Fee to file Notice of Appeal: $243
  • Fee to file Certificate of Perfection: $645
  • Fee for a commissioner to take an affidavit (for example, five affidavits x $22): $110

Total: $1,337

If you cannot afford to pay the court fees

You can request a fee waiver if you cannot afford to pay court fees. The fee waiver applies to court fees in Divisional Court proceedings. However, it does not apply to fees for transcripts or copies of transcripts, fees for lawyers, fees for process servers, etc. Learn more about fee waivers online or at any court office.