Forms, Filing and Fees
Filing Court Forms
There are several ways to file a Small Claims Court form. You can file:
- In person at the court registry - To find a court registry see Court Locations
- By mail - Mail the printed forms to the courthouse, along with a cheque payable to the Minister of Finance to pay the filing fees
- By fax (for certain registries)
- Electronically through Court Services Online (CSO)
Changing a Court Document
You can change a Notice of Claim, Reply, or other document filed with the court, without permission of the Court as long as it is before the first court proceeding you have been asked to attend (usually a settlement conference). If you want to change something after the first court proceeding, you will need the permission of a judge.
To change a document before your first court proceeding has begun:
- Revise the document and underline, initial, and date all your changes
- File a copy of the revised document at the court registry
- Serve a copy of the revised document on each party in the claim
Changing your Address
You must let the other parties and the registry know if you change your address! If you don’t you could miss important documents. You can let them know by filing a Change of Address form and send it to all the other parties.
Withdrawing a Claim
To withdraw a claim or other filed documents:
- Complete a Notice of Withdrawal form
- File a copy of the Notice of Withdrawal at the court registry
- Promptly serve the Notice on all the parties who were served with the claim or other document
Be careful! If you withdraw the claim, reply, counterclaim or third party notice, you will not be allowed to continue with the claim or refile the claim without the permission of a judge.
There are fees associated with filing court forms and these are listed in Schedule A of the Small Claims Court Rules. Court registry staff will tell you what fees are due when you file your forms.
What if I can’t afford the court fees?
If you cannot afford to pay Small Claims Court filing fees, you can apply to the court to have the fees waived. You must make the application each time a court fee is due to be paid. To apply, you must complete the Application to the Registrar, provide a Statement of Finances, gather other required information (tax receipts, bank statements, etc.) and submit these to the court registry where the case will be heard.