But that won't cover an expert witness, or opponent's legal costs if you lose

Tracey Tyler
LEGAL AFFAIRS REPORTER

Seeking justice in Canada is expensive. Soon, it may not be worth taking a case to court unless more than $100,000 is at stake, says Ron Slaght, a Toronto civil litigation lawyer.

A three-day civil trial is likely to cost at least $60,738 – more than the median family income in Canada of $58,100. The estimate is conservative because trials often take longer than three days.

"I would say the average custody case now goes on for five days. Many go on for eight," says Susan McGrath, a former president of the Canadian Bar Association and a family law lawyer in Iroquois Falls, Ont.

In a family law case, the bill could easily be $150,000, McGrath says.

Experienced civil and family law lawyers charge anywhere from about $250 an hour to as much as $800 an hour in Toronto.

The Star chose $300 an hour and determined the typical trial cost using a model developed by the Civil Justice Review, a committee that studied Ontario's civil justice system during the 1990s.

But the cost of hiring a lawyer is only one expense.

If you lose, you may be ordered to pay some or all of your opponent's legal costs.

An appeal can cost tens of thousands, as can expert witnesses, who have become a fixture in courtrooms, even in Small Claims Court.

For example, an agricultural scientist charged $375 to testify as an expert at a Small Claims Court trial in Stratford, Ont., while an accounting expert who testified at a complex civil trial involving a North York investment firm and a chartered bank submitted a $64,300 bill.

Photocopying, postage and courier expenses, court filing fees, long distance phone calls and transcripts add up, with some court reporting companies charging as much as $4.90 per page. A transcript for one day's testimony could cost nearly $1,000.

During the past decade, many provinces, including Ontario, have tried to reduce costs by simplifying the court process – eliminating steps such as "examinations for discovery," the pre-trial hearings where each side has a chance to cross-examine their opponents.

But simplified procedures are usually only followed for claims between $10,000 and $50,000. Of the 59,035 civil actions started in Ontario in 2006, only 25 per cent proceeded this way.

Routine criminal trials are sometimes cheaper. Criminal lawyers often charge flat rates or block fees. A block fee for a one-day trial in provincial court in Toronto could be anywhere from $2,500 to $25,000. A year-long murder trial could run to hundreds of thousands of dollars.