Small Claims Court in Ontario is designed to be a simpler, more affordable way to resolve disputes under $35,000. However, many people make avoidable mistakes that weaken their case or lead to unnecessary delays. Whether you’re suing someone or defending yourself, understanding these common pitfalls can help you navigate the process more effectively.

1. Failing to Understand If Your Case Qualifies

🚫 Mistake: Filing a case that doesn’t belong in Small Claims Court.

✅ Solution: Small Claims Court handles civil disputes under $35,000, such as unpaid debts, breach of contract, and property damage. If your claim exceeds this amount, you may need to reduce your claim or pursue it in a higher court. Learn more about what types of cases qualify.

2. Missing Key Deadlines

🚫 Mistake: Failing to file documents on time or missing court appearances.

✅ Solution: Pay close attention to deadlines, including:

• Filing the claim (limitation periods apply, usually 2 years from when the issue occurred)
• Serving documents to the other party correctly
• Responding to a claim within 20 days if you’re the defendant

Check out Ontario’s Small Claims Court timeline for key deadlines.

3. Poorly Prepared or Incomplete Documentation

🚫 Mistake: Submitting vague or incomplete evidence.

✅ Solution:

• Organize all relevant contracts, invoices, emails, texts, photos, and receipts.
• Clearly outline your case with a timeline of events.
• Use a Plaintiff’s Claim (Form 7A) or Defence Form (9A) with all necessary details. Download forms here.

For a step-by-step guide, read How to Build a Strong Small Claims Court Case.

4. Serving Documents Incorrectly

🚫 Mistake: Not serving the defendant properly, leading to delays or case dismissal.

✅ Solution: You must serve documents using approved methods like:

• Personal service (hand-delivering)
• Registered mail or courier
• Process servers (professionals who serve documents for you)

Once served, complete an Affidavit of Service (Form 8A) to prove it. Learn more about serving documents correctly.

5. Ignoring Settlement Options

🚫 Mistake: Rushing to trial without attempting to settle.

✅ Solution: Courts encourage settlement conferences before trial to help parties resolve disputes more quickly. Settling can save you time, stress, and legal costs.

Learn how settlement conferences work and whether they could help your case.

6. Lack of Courtroom Preparation

🚫 Mistake: Showing up unprepared or relying on emotions instead of facts.

✅ Solution:

• Prepare a clear, concise statement summarizing your case.
• Bring copies of all evidence and organize it neatly.
• Practice your argument and anticipate possible questions from the judge.

For more tips, check out How to Present Your Case Effectively in Small Claims Court.

7. Not Understanding Courtroom Etiquette

🚫 Mistake: Being disrespectful, interrupting, or failing to address the judge properly.

✅ Solution:

• Dress professionally and be respectful.
• Address the judge as “Your Honour.”
• Listen carefully and wait for your turn to speak.

Understanding courtroom etiquette in Small Claims Court can make a big difference.

8. Not Enforcing a Judgment Properly

🚫 Mistake: Winning your case but failing to collect what you’re owed.

✅ Solution: If the defendant doesn’t pay, you may need to take further legal action, such as:

• Wage garnishment
• Seizing assets
• Filing a Writ of Seizure and Sale

Learn more about how to enforce a judgment.

Final Thoughts: Avoid These Mistakes and Strengthen Your Case

Navigating Small Claims Court doesn’t have to be overwhelming. By avoiding these common mistakes, preparing thoroughly, and understanding your rights, you can increase your chances of success.

Need legal help? Book a consultation with Carson Frankum to ensure you’re fully prepared for your Small Claims Court case.