Last Updated: August 27 2026
How are Small Claims Court costs awards for paralegal representation calculated in Ontario when there is both a plaintiff’s claim and a defendant’s claim?
Byfield Legal Services can help you understand how Small Claims Court costs for representation are calculated in Ontario, including when both a plaintiff’s claim and a defendant’s claim are heard together; generally, section 29 of the Courts of Justice Act, R.S.O. 1990, c. C.43 limits costs for representation (including a paralegal) to 15% of the “amount claimed,” which is usually interpreted as the combined value of the plaintiff’s and defendant’s claims when multiple proceedings are heard concurrently (see 10.1 Inc. v. 2248951 Ontario Inc., 2018 ONSC 381). This 15% cap excludes disbursements, and the judge can depart from it in the interests of justice, such as to penalize unreasonable behaviour. If you want to estimate your likely costs exposure and build a settlement strategy, call (289) 927-7365 today.
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Calculating Costs Awards Within Small Claims Court Proceedings
Generally, and with some exceptions, section 29 of the Courts of Justice Act, R.S.O. 1990, c. C.43 limits a costs award, for the portion as reimbursement to a litigant for expenses for representation (lawyer, student-at-law, or paralegal) to fifteen (15%) percent of the total value of the claim. Of course, this is always subject to the discretion of the Judge and some judges prefer to view the limit as applicable based on the final award rather than based on the amount of the claim. Specially, section 29 of the Courts of Justice Act states:
Note: Please contact Byfield Legal Services by phone at: (289) 927-7365 to discuss any specific questions that you may have.
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.
Whereas the Small Claims Court jurisdiction is limited to claims up to a maximum of thirty-five thousand ($50,000.00) dollars per Plaintiff, the general limit on reimbursement for representation expenses is five thousand two hundred fifty ($5,250.00) dollars, being the fifteen (15%) percent of the maximum claim limit. As indicated, this limit is subject to exceptions for penalties as sanctions or deterent for unreasonable behaviour in the proceeding; however, the question of what is deemed a "proceeding" often arises as does the question of what happens to the limit when there are joined together as multiple proceedings heard concurrently such as is commonplace for matters involving a Plaintiff's Claim and a Defendant's Claim.
Per the Divisional Court in the matter of 10.1 Inc. v. 2248951 Ontario Inc., 2018 ONSC 381, where multiple proceedings are heard concurrently, such as a Plaintiff's Claim and a Defendant's Claim, the general fifteen (15%) limit is available based on the combined amount of the proceedings:
[53] There is no reason why the amount of the defendant’s claim should not be considered when determining costs under s. 29. Certainly the defendant would have insisted that costs be calculated on the amount of its claim had it been successful in this case. Parties in Small Claims Court proceedings must understand that there are potential adverse costs consequences if they exaggerate or inflate their claims or advance unmeritorious counter-claims. This, too, promotes settlement. See: Zuker and Winny, Ontario Small Claims Court Practice, 2018, at p. 58:
In cases involving a defendant’s claim, the amount claimed in the defendant’s claim and the amount claimed in the plaintiff’s claim are added to determine the “amount claimed” for the purposes of s. 29 [citations omitted].
[54] The appellant argues that the Small Claims Court cannot award costs on the combined total of the plaintiff’s and defendant’s claims ($35,500 in this case) because that amount exceeds the $25,000 monetary limit of the Small Claims Court. I do not agree. There is no dispute that the Small Claims Court has the jurisdiction to hear both the plaintiff’s claim and defendant’s claim when the combined total of the two claims exceeds $25,000, provided that each party’s claim is under the monetary limit. Section 29 does not increase the monetary limit of the court, but sets out a method for calculating the maximum costs that the court can award in any particular case. Clearly the cost associated with a case involving a plaintiff’s claim and a defendant’s claim will usually exceed the costs of a case with only one claim, and it is only logical that the Deputy Judge can take into account the value of both claims when determining the maximum costs that can be awarded.
Conclusion
As stated by the Divisional Court in 10.1 Inc. by basing calculation of the fifteen (15%) percent on the amount claimed, including the combined claims where multiple processes are involved, parties are encouraged to carefully consider settlement positions. Additionally, the risk of substantial costs penalties discourages frivolous processes whereas, if the limit was stuck at a maximum of fifteen (15%) percent of thirty five thousand ($50,000.00) dollars, a Defendant would be without discouragement from bringing a frivolous counterclaim.
With the flexibility shown in 10.1 Inc., among other cases, the costs rules for the Small Claims Court provide a reasonable and effective control mechanism that balances both the need to reimburse successful parties for a substantial portion, and perhaps all, of the costs incurred for representation along with the encouragement to engage in constructive settlement discussions and discouragement of frivolous litigation.
NOTE: A significant volume of online searches featuring “lawyers near me” or “best lawyer in” typically indicates a desire for prompt and effective legal assistance rather than a particular job title. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specified litigation cases. Core competencies such as advocacy, legal reasoning, and procedural expertise are vital to this position. Byfield Legal Services provides legal representation within its sanctioned mandate/scope, focusing on strategic placement, evidence preparation, and compelling advocacy to achieve efficient and positive outcomes for clients.
