In Toronto, disbursements are the out-of-pocket expenses required to build your injury claim, such as the $343 CAD fee to file a lawsuit at the Superior Court of Justice. Most local personal injury lawyers cover these costs upfront, meaning you only repay them if you receive a settlement.
When you suffer an injury in Ontario, hiring a legal professional usually involves a contingency fee agreement. This means you do not pay hourly lawyer fees out of your own pocket. However, many people are surprised to learn about the concept of “disbursements.” Generally, these are the vital out-of-pocket expenses your law firm pays to gather evidence, hire experts, and formally file your case in court.
Understanding these hidden costs is crucial before you start your legal journey. 📊 Whether you were hurt in Scarborough, North York, or downtown Toronto, building a strong case requires solid evidence and documentation. If you are worried about affording these expenses, we recommend reaching out to a trusted local lawyer from our directory who can fund your claim from start to finish without asking for upfront payments.
Step-by-Step Process for Handling Disbursements in Toronto
Your lawyer will carefully manage these financial expenses as your case progresses. In Ontario, the process of gathering evidence and paying for disbursements generally follows a predictable and structured path to ensure your claim is as strong as possible.
Step 1: Gathering Police and Incident Reports
The first common expense is usually securing the official documentation of your accident. 🚨 If you were in a car crash, your law firm must request the official Motor Vehicle Accident (MVA) report from the Toronto Police Service or the Ontario Provincial Police (OPP). These detailed reports typically cost between $60 and $250 CAD, depending on the level of detail and reconstruction required. For slip and fall cases, this step might involve paying for property maintenance logs or municipal records.
Step 2: Requesting Clinical Notes and Medical Records
To prove the extent of your injuries, your lawyer needs your complete medical history. This involves paying local hospitals, such as Toronto General Hospital or Sunnybrook Health Sciences Centre, as well as your family doctor, to print and certify your files. Under Ontario regulations, healthcare providers are permitted to charge administrative fees for this service. You can expect these hospital record fees to range from $50 to over $400 CAD, heavily depending on the volume of pages required.
Step 3: Hiring Medical Experts and Specialists
This is generally the largest single disbursement in any personal injury claim. 👨 To prove the long-term impact of your injuries, your lawyer will likely need to hire independent medical experts, such as orthopaedic surgeons, occupational therapists, or neurologists. These experts will thoroughly review your files, examine you in person, and write comprehensive medico-legal reports. A detailed expert report in Toronto can easily cost between $3,000 and $8,000 CAD per specialist.
Step 4: Filing Documents at the Local Court
When it is time to officially start your lawsuit, your lawyer will draft a Statement of Claim. This important document must be filed at the local Superior Court of Justice located in Toronto. As of March 2026, the basic provincial court fee to issue a Statement of Claim is $343 CAD. Additionally, your lawyer will hire a professional process server to formally deliver (serve) the legal documents to the at-fault party, which usually adds another $100 to $250 CAD to your disbursements.
How Much Do Disbursements Cost in Toronto?
The total amount of disbursements depends entirely on the complexity and severity of your specific case. 💵 A relatively simple soft-tissue injury might require minimal expenses, while a catastrophic brain injury claim will require a large team of expensive experts. Here is a general breakdown of what these out-of-pocket costs look like in Canadian dollars.
| Court Filing Fees (Superior Court of Justice) | $343 |
| Toronto Police Accident Reports | $60 – $250 |
| Hospital and OHIP Medical Records | $50 – $400+ |
| Independent Medical Expert Reports | $3,000 – $10,000+ |
| Process Servers and Legal Couriers | $100 – $300 |
| Accident Reconstruction Engineers | $4,000 – $8,000+ |
How Long Does the Process Take?
In Toronto, completely resolving a personal injury claim usually takes anywhere from 1.5 to 4 years. During this entire period, your law firm will continue to pay for disbursements as they are needed. You generally do not have to reimburse these specific costs until the very end of the process, exactly when your final settlement cheque is officially issued and deposited.
Frequently Asked Questions (FAQ)
Do I have to pay disbursements if I lose my case?
It depends entirely on your law firm’s specific contingency fee agreement. Many personal injury lawyers in Toronto offer a strict “no win, no fee” promise that includes covering the disbursements if the case is ultimately unsuccessful. Always read your retainer agreement carefully before signing.
Are disbursements the exact same thing as lawyer fees?
No. Lawyer fees are the agreed-upon percentage of the final settlement that your lawyer takes as payment for their legal services (usually around 30% to 33%). Disbursements are the strict out-of-pocket expenses paid to third parties, like courts, hospitals, and independent doctors.
Does the at-fault party pay for my disbursements?
In Ontario, the losing side is typically ordered to pay “partial indemnity costs.” This means the at-fault driver’s insurance company will usually reimburse a large portion (often 50% to 75%) of your reasonable and proven disbursements as part of the final negotiated settlement.
Is HST charged on legal disbursements in Ontario?
Yes, the standard 13% Harmonized Sales Tax (HST) in Ontario applies to most legal disbursements, such as expert medical reports, photocopying, and private investigator fees. However, government court filing fees are generally exempt from HST.
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