Do I have to pay witnesses to attend small claims court?
Yes. If you summons a witness you must pay the statutory attendance money and travel allowance at the same time you serve the summons. In Ontario, for example, an ordinary witness is entitled to $6.00 per day plus travel under the Rules of the Small Claims Court.
How much are witness fees in small claims?
Ordinary (lay) witness attendance fees are modest — often only a few dollars to about $20 per day depending on the province — plus a per-kilometre travel allowance. Expert witnesses are different: they charge their professional rate, and only a portion is typically recoverable as costs if you win.
Can I recover witness fees from the losing party?
Reasonable witness attendance fees, travel, and a capped amount for an expert report are usually recoverable as disbursements if you succeed. Courts limit the recoverable expert fee, so you may pay more than you can recover for expensive expert evidence.
Do I need an expert witness for small claims?
Only for issues that require specialized knowledge — for example the cause of a mechanical failure or the standard of a trade. For everyday disputes, your own testimony, documents, and lay witnesses are usually enough, which keeps costs down.