A Guide to Fee Waiver Requests - What to do if you can’t afford to pay your court fees

Sep 17, 2026

A Guide to Fee Waiver Requests explains when and how Ontario residents can ask the court to waive court fees if they cannot afford them. It outlines how the court assesses financial circumstances, how to use a fee waiver certificate only for the specific case or proceeding, and limits such as fees already paid. The guide covers two application routes—requesting staff at a court or enforcement office, or requesting a judge—and describes eligibility based on income sources, Legal Aid Ontario approval, and income/asset thresholds.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages8

Reading Time20 min

AccessFree to download

Having your court fees waived

When a fee waiver can be requested

How fee waivers are reviewed and decided

How to apply for a fee waiver

Written request to court or enforcement staff

Written request to a judge

Eligibility

Income assistance and government benefits

Legal Aid Ontario approvals

Income and asset thresholds

A Guide to Fee Waiver Requests What to do if you can’t afford to pay your court fees. Ministry of the Attorney General January 2023 This guide does not provide legal advice. It is recommended that all parties seek legal advice where possible. Ce guide est également disponible en français Having your court fees waived What to do if you can’t afford to pay your court fees. If you’re going to court in Ontario, you may have to pay fees to start a proceeding, file documents, schedule a hearing , enforce a judgment or order or take certain other steps. If at any point in time you can’t afford to pay the fees in your case, you can ask the court to waive your fees so that you don’t have to pay. If you request a fee waiver, the court will look at your financial situation and decide whether you qualify. If your request is accepted, you will be given a certificate which you must show to court staff when you goto pay a fee. You can use your fee waiver certificate only in the case or proceeding for which it was given to you, plus any enforcement related to that case. If you have multiple cases at once, or if your case is appealed, you will need to request a new fee waiver for each case. A fee waiver will not apply to any fees you have already paid. There are two ways you can apply for a fee waiver: 1. You can make a written request to staff at a court or enforcement office using the form provided by the ministry if you think you meet the financial requirements. Court staff will review the request to determine whether you meet the financial requirements and qualify for a fee waiver. If it is determined you qualify, you will be given a fee waiver certificate. If you submit your request online through a submissions portal on Justice Services Online, you will receive your response bye-mail. If you submit your request by mail, you will also receive your response by mail. 2. If you know you do not meet the financial requirements or you have submitted a request to court staff and it was not approved, you can make a written request toa judge of the court using the form provided by the ministry. If you submit a request for fee waiver to a judge, your request will first be reviewed by staff to ensure you do not already qualify under the financial requirements. If staff determine that you do not qualify, your request will be presented to a judge for review. This review may take time, so you will receive notice by mail once the judge has made a decision. Eligibility You can request to have your court fees waived if: - you are involved, or will be involved, in a proceeding or case in family, civil or small claims court - you are not acting on behalf of a business or organization - you are not a representative plaintiff in a class proceeding , for which you entered into an agreement that provides for payment of disbursements only if the claim is successful - your fees are not being paid by a lawyer under a contingency fee agreement. There are three primary ways to qualify for a fee waiver. 1. Your main source of household income is one or more of the following: - income assistance from Ontario Works - income support from the Ontario Disability Support Program - Old Age Security Pension and the Guaranteed Income Supplement - War Veterans Allowance - Canada Pension Plan benefits OR 2. Legal Aid Ontario has approved your application for legal aid services for this case. Please note that receiving assistance from an advice lawyer or duty counsel is not the same as receiving certificate services from Legal Aid Ontario. OR 3. Your gross annual household income and assets are less than: | Criteria | | Maximum amount | | --- | --- | --- | | Gross annual household income
Gross annual household income is the total amount of money that all of the members of your household earn in a year, before taxes or deductions | 1 person in your household | $33 , 100 | | | 2 people in your household | $49 ,600

FAQs

When can someone request a fee waiver for court fees in Ontario?

If they cannot afford to pay the court fees in their case, they can ask the court to waive those fees before, during, or at the enforcement stage. A certificate cannot be used to refund fees already paid.

How does the court decide whether you qualify for a fee waiver?

The court reviews the request using the form and documents submitted and evaluates the applicant’s financial situation. The decision of staff or a judge is final.

What are the main ways to qualify for a fee waiver?

Qualification can be based on household income sources such as Ontario Works or ODSP, approval by Legal Aid Ontario for the case, or meeting gross annual income and liquid asset/net worth limits. Proof and supporting documents are required unless Legal Aid Ontario certificate services apply.

Sep 17, 2026

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