Will I get my court costs back if I win?
Short answer
In Quebec, the small claims judgment also settles the question of costs, and generally it is the party who loses the case who has to pay them — including the amounts paid to open the file or to contest the claim.
In detail
The Gouvernement du Québec states the principle this way: “Generally, it is the party who loses the case who must pay the costs.” The judgment covers the court fees paid to the court office and any reimbursement the judge grants.
Note how much work the word “generally” is doing: it is the judge who decides this question in the judgment, based on the file. A claim that is granted only in part can lead to the costs being divided.
A less well-known consequence concerns witnesses: if the judge considers that a witness was summoned and travelled needlessly, the party who called them can be ordered to pay the costs attached to that.
What to document
All your receipts connected to the file, sorted by date. Also note why each expense was necessary (what the expert report was meant to establish, what fact the witness was there to establish): that connection is what justifies reimbursement.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- The small claims judgment — Gouvernement du Québec
- Preparing for the hearing and summoning witnesses — Gouvernement du Québec
Related questions
- Which courthouse do I have to file my application in?
- How do I find a business's real legal name to sue it?
- How do I file a small claims application online?
- Can someone help me fill out the form for free?
- When do I have to file my evidence in small claims?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.