Debate: Should small claims court fees be refunded if you win?

I took a landlord to small claims over a $1,200 damage deposit last month and won. But I still had to pay the $100 filing fee upfront, and the judge said no to adding it to the judgment. Is that fair, or does it just make it harder for regular people to chase what they're owed in Edmonton?

2 comments

2 Comments

maxmurphy22d agoMost Upvoted

My buddy in Calgary had the exact same thing happen with a $50 filing fee over a broken lease deposit, judge shot it down too. It's like the system is telling you "sure, you can fight for your money, but we're taking a cut no matter what." For a landlord who's already holding $1,200 hostage, tacking on a hundred bucks is nothing, but for someone scraping to get that deposit back, it's a real gut punch. They should automatically refund the fee if you win, or at least let the judge add it without asking permission. Otherwise it just punishes the people who need the system most.

evan_stone22d ago

My $75 filing fee got denied in a similar case back in March, felt like a total waste.