How to Sue in Small Claims Court in Ontario: A Practical Guide

Small Claims Court in Ontario handles civil disputes involving claims up to $35,000. It is designed to be more accessible and less formal than the Superior Court of Justice, but the process can still be confusing if you have never been involved in a court proceeding. This guide explains what you need to know before filing a claim.

What Kinds of Cases Can Be Heard in Small Claims Court?

Small Claims Court handles a wide range of civil disputes, including breach of contract, unpaid debts, property damage, return of personal property, and consumer complaints. It is frequently used in landlord-tenant disputes over damage deposits, contractor disputes over the quality of work, and disagreements between individuals over loans or agreements. If your claim is for money or the return of property valued at $35,000 or less, Small Claims Court is likely the right forum.

How to File a Claim

To start a Small Claims Court action, you file a Plaintiff's Claim (Form 7A) at the court office in the territorial division where the defendant lives or carries on business, or where the cause of action arose. There is a filing fee, and you must then serve the claim on the defendant. The defendant has 20 days to file a Defence, and if they do not, you can ask for a default judgment.

The Settlement Conference

Before your case goes to trial, the court will schedule a mandatory settlement conference. This is a meeting with a judge or deputy judge who will review the issues, encourage settlement, and give a non-binding opinion on the merits. Many cases settle at this stage. Come prepared with all your documents and evidence organized, because the judge's impression at the settlement conference can influence the outcome.

Should You Hire a Lawyer for Small Claims Court?

While Small Claims Court is designed to be accessible to self-represented litigants, having a lawyer or licensed paralegal can make a significant difference. A legal professional can help you draft your claim properly, prepare your evidence, negotiate at the settlement conference, and present your case at trial. This is especially important if the other side has legal representation, or if the issues are legally complex.

Limitation Periods

In Ontario, the general limitation period for most civil claims is two years from the date you discovered (or should have discovered) the claim. If you wait too long, you may lose the right to sue entirely. There are some exceptions, but the safest approach is to get legal advice as soon as a dispute arises.

Contact Ken Wise & Associates

Whether you need to file a Small Claims Court action or defend against one, Ken Wise & Associates can help. We handle civil litigation matters across Ontario and can advise you on the strength of your case, the best strategy, and whether settlement or trial is the right path. Contact us for a consultation.