What does a family law case cost in Toronto, and what drives it?

Court fees are the smallest part. At the Superior Court in Toronto a divorce or property application costs $214 to file, an answer $171, and $445 to set the case down for trial, while parenting and support claims under Ontario law are fee-free and the Ontario Court of Justice charges no filing fee. What really drives the cost is how much is contested, how much disclosure and valuation is needed, and how many court steps the case goes through.

This guide lists the government fees that apply to a family case in Toronto and York Region, the services that are free or priced on a sliding scale, and the factors that make one case cost many times more than another. It also covers costs that are particular to families with ties to Iran: translations, valuing property abroad, and interpreters. It does not quote lawyers' fees, which are not set by any regulation and depend on the lawyer and the case. Our main page on divorce in Ontario explains the process the fees attach to.

What are the court fees?

Two rules change these numbers. First, no fee is payable to file an application or answer, or to set a case down, for claims under the Children's Law Reform Act, the Family Law Act except Parts I and II, the Family Responsibility and Support Arrears Enforcement Act, the Marriage Act or the Interjurisdictional Support Orders Act, or to enforce a parenting, contact or support order under those Acts (O. Reg. 293/92 s. 1.2(2); O. Reg. 417/95 s. 2). In practice, parenting and Family Law Act support claims are fee-free; a divorce, and property claims under Parts I and II of the Family Law Act, are not. Second, both regulations adjust the fees for inflation beginning January 1, 2027, and every third January after that, so check the current figure before you file (O. Reg. 293/92 s. 6; O. Reg. 417/95 s. 3).

Which court your case starts in decides which fees apply, and in Toronto that depends on the claims and where you live; our guide to which Toronto family court handles your case explains the split.

Can you avoid the fees?

If you cannot afford them, you can ask the court to waive them. The province's fee waiver page says the court considers your finances, that you find out immediately whether you qualify, and that a fee waiver also lets you ask for a free court interpreter in any language other than English or French in a civil, family or Small Claims case. Without a fee waiver, you are responsible for booking and paying for an interpreter yourself, and that cost is not refunded. For Persian-speaking families this can be one of the larger out-of-pocket items in a contested case; our guide to Farsi interpreters in Ontario courts explains how to request one.

What do mediation and arbitration cost?

Court-connected mediation is delivered by service providers under contract with the Ministry of the Attorney General. On-site mediation is free on the day your matter is in court. Off-site mediation is available at any time for a fee set on a sliding scale by income and number of dependants. The ministry's chart sets maximum hourly rates, before HST, that run from $5 an hour for the lowest incomes to $105 an hour, with fees to be negotiated at higher incomes. For example, the ministry says a person earning under $60,000 a year pays between $5 and $105 an hour, depending on how many people they support. Private mediators set their own fees.

Arbitration is private, so the parties pay the arbitrator. The province's arbitration page notes that if one person does not agree with what the arbitrator decides, continuing the arbitration will cost more, and that arbitrators can order one person to pay part of the other's legal costs. Our guide on whether a family arbitration award is binding explains the process.

What drives the cost of a family case?

• How much is in dispute. A case where parenting, support and property are all contested goes through more conferences, motions and possibly a trial than one where only support is in issue.
• Disclosure. Financial statements and supporting documents are required (Family Law Rules, r. 13); a party who delays or hides information adds steps, motions and costs. Our guide to the family financial statement lists what must be attached.
• Valuations. Businesses, pensions and property abroad may need professional valuations; for families with land or apartments in Iran, our guide on property in Iran and equalization explains why the owner must prove its value.
• Translations. Documents not in English need a translation certified by the translator's affidavit (Courts of Justice Act s. 125(2)(b)), starting with an Iranian marriage certificate in a divorce.
• The number of court steps. Each case conference, settlement conference, motion and trial day takes preparation; our guide to what happens after you start a case walks through them.
• Costs orders. The court must deal with costs after each step, and a successful party is presumed entitled to costs (Family Law Rules, r. 24(1), (3)). Unreasonable behaviour, absence or lack of preparation can lead to costs against a party (r. 24(7), (9)), and bad faith leads to full recovery costs payable immediately (r. 24(10)).
• Offers to settle. A party who makes an offer at least seven days before a trial or hearing (or one day before a motion), and then does as well or better, is generally entitled to costs to the date of the offer and full recovery after it (r. 24(12)).

A worked example

For example, imagine a couple in Thornhill who married in Tehran, have two children and own a condominium in Vaughan and an apartment in Iran. This is a hypothetical walk-through of the rules, not a description of any real case or result.

If one of them starts a divorce with claims for parenting, support and property at the Family Court in Newmarket, the application fee is $214, because a divorce and a property claim are included. The other spouse's answer costs $171, or $214 if it also asks for a divorce. Their Iranian marriage certificate needs a certified English translation, and the apartment in Iran needs a value supported by evidence. If they settle at a case conference, they never pay the $445 trial fee. If they could not agree on parenting and support only, and started that claim under the Children's Law Reform Act and Family Law Act Part III, the filing fees would not apply at all. If one spouse needs a Persian interpreter, it is free only with a fee waiver or a court order. Our guide to the Newmarket family court explains the local steps.

What mistakes add cost?

1. Late or partial disclosure. It leads to motions and adjournments.
2. Ignoring offers to settle. Refusing a good offer can mean paying the other side's costs (r. 24(12)).
3. Arriving unprepared. The court must award costs against a party who is unprepared or makes a step unproductive, unless justice requires otherwise (r. 24(9)).
4. Starting in the wrong court. A case may have to be transferred, which adds steps (Family Law Rules, r. 5).
5. Leaving translations to the last minute. Rushed certified translations cost more and can delay a step.
6. Not asking about a fee waiver. It covers most fees and opens the door to a free interpreter.

What to do this week

1. List your claims: divorce, parenting, support, property. This decides which fees apply.
2. Check whether you may qualify for a fee waiver.
3. Collect financial documents for a financial statement, including anything about property abroad.
4. Order certified English translations of key Persian documents.
5. Ask about mediation, including free on-site mediation on court days.
6. Book a consultation; you can discuss your matter in English, Persian (Farsi) or French.

Frequently asked questions

How much does it cost to get a divorce certificate?

The court fee for a certificate is $25 (O. Reg. 293/92 s. 1.2(1), para. 6). Our guide on getting a divorce certificate in Ontario explains when the divorce is final and how to request it.

Is there a fee to start a case at 47 Sheppard or 311 Jarvis?

No. The province says there is no fee to file documents at the Ontario Court of Justice, which hears parenting and support cases at those Toronto locations.

Do court fees go up?

Yes, on a schedule. Both fee regulations provide for inflation adjustments starting January 1, 2027 and every third year after that, unless the Minister decides otherwise.

Can the other side be ordered to pay my legal costs?

Yes. A successful party is presumed entitled to costs of a step, and the court can reduce or reverse costs for unreasonable behaviour or bad faith (Family Law Rules, r. 24).

Is Legal Aid available for family cases?

Legal Aid Ontario has financial eligibility tests and offers family duty counsel at the courthouses; call 1-800-668-8258 to ask whether you qualify.

Does it cost more if my spouse lives in Iran?

The court fees are the same, but serving documents abroad and translating them adds cost and time. A respondent served outside Canada and the United States has 60 days to answer (Family Law Rules, r. 10(2)), so the case also moves more slowly. Our guide on divorcing in Ontario after marrying in Iran covers service on a spouse in Iran.

What does a filing at the Superior Court cost if I only want child support?

A child support claim under the Family Law Act, Part III, is fee-free for the application, answer and setting down (O. Reg. 293/92 s. 1.2(2)). A claim for child support as part of a divorce is not.

Related questions

Toronto's Superior Court family cases are heard at 361 University Avenue; see our guide to the family court at 361 University Avenue. If you have just separated, start with our first-week separation checklist. Families with ties to Iran can read our overview of what a Persian-speaking family lawyer in Toronto does.

Sourena Sarbazevatan is a Persian-speaking lawyer, and you can discuss the cost of your family case with him in Farsi, English or French. Call +1 (416) 628-2041 or use the contact page.