COSTS RECOVERY

COURTS OF JUSTICE ACT

Limit on costs

29. An award of costs in the Small Claims Court, other than disbursements, shall not exceed 15 per cent of the amount claimed or the value of the property sought to be recovered unless the court considers it necessary in the interests of justice to penalize a party or a party’s representative for unreasonable behaviour in the proceeding. R.S.O. 1990, c. C.43, s. 29; 2006, c. 21, Sched. C, s. 105 (2).

SMALL CLAIMS COURT RULES

RULE 19 COSTS

Disbursements

19.01 (1) A successful party is entitled to have the party’s reasonable disbursements, including any costs of effecting service and expenses for travel, accommodation, photocopying and experts’ reports, paid by the unsuccessful party, unless the court orders otherwise. O. Reg. 78/06, s. 38 (1).

(2) The clerk shall assess the disbursements in accordance with the regulations made under the Administration of Justice Act and in accordance with subrule (3); the assessment is subject to review by the court. O. Reg. 258/98, r. 19.01 (2).

(3) The amount of disbursements assessed for effecting service shall not exceed $20 for each person served unless the court is of the opinion that there are special circumstances that justify assessing a greater amount. O. Reg. 258/98, r. 19.01 (3); O. Reg. 78/06, s. 38 (2).

Limit

19.02 Any power under this rule to award costs is subject to section 29 of the Courts of Justice Act, which limits the amount of costs that may be awarded. O. Reg. 78/06, s. 39.

Preparation and Filing

19.03 The court may award a successful party an amount not exceeding $50 for preparation and filing of pleadings. O. Reg. 78/06, s. 39.

Representation Fee

19.04 (1) If the amount claimed in an action exceeds $500, exclusive of interest and costs, and the successful party is represented by a lawyer, student-at-law or agent, the court may award the party a reasonable representation fee at trial or at an assessment hearing. O. Reg. 78/06, s. 39.

(2) In the case of a student-at-law or an agent, the representation fee shall not exceed half of the maximum costs that may be awarded under section 29 of the Courts of Justice Act. O. Reg. 78/06, s. 39.

Compensation for Inconvenience and Expense

19.05 The court may order an unsuccessful party to pay to a successful party an amount not exceeding $500 as compensation for inconvenience and expense, if,

(a) the successful party is self-represented; and

(b) the amount claimed in the action exceeds $500, exclusive of interest and costs. O. Reg. 78/06, s. 39.,/p>

Penalty

19.06 If the court is satisfied that a party has unduly complicated or prolonged an action or has otherwise acted unreasonably, the court may order the party to pay an amount as compensation to another party. O. Reg. 78/06, s. 39.