Small Claims Court in Ontario is designed to be accessible for individuals and businesses looking to resolve disputes quickly and affordably. If you're owed money, dealing with a contract dispute, or trying to recover property valued at $50,000 or less, this guide will walk you through the process step by step.
What Is Small Claims Court?
Small Claims Court is a branch of the Superior Court of Justice in Ontario that handles civil disputes up to $50,000. It’s a more informal and cost-effective alternative to higher courts, making it ideal for resolving issues like unpaid invoices, property damage, or personal loans gone unpaid.
If you're unsure whether your case qualifies, check out the Ontario Ministry of the Attorney General’s Small Claims Court Guide here.
Step 1: Determine If Small Claims Court Is the Right Option
Before filing a claim, consider these key points:
- Your case must involve $50,000 or less. If it’s higher, you’ll need to reduce your claim amount or take it to a higher court.
- The dispute must be civil. Small Claims Court does not handle criminal matters or family law cases.
- You should have attempted to resolve the issue outside of court. Sending a demand letter can sometimes resolve disputes without legal action. Learn how to draft one here.
Step 2: Gather Your Evidence
Before filing, collect any supporting documents, including:
- Contracts or agreements
- Invoices and receipts
- Emails, text messages, or written communication
- Photographic or video evidence (if applicable)
- Witness statements
Strong evidence will make your case more persuasive in court.
Step 3: File Your Claim
To start your case, you need to complete and submit a Plaintiff’s Claim (Form 7A), available here. You can file your claim online through the Justice Services Online portal (the Ontario Courts Public Portal in the Toronto region) or in person at your local courthouse.
Filing Fees
The fee to file a Small Claims Court case in Ontario varies:
- $108 for most claimants
- $228 for frequent claimants (10 or more claims in a year at the same court office)
You can check the latest fee schedule on the Ontario government website here.
Step 4: Serve the Defendant
Once your claim is filed, you must formally notify the defendant by serving them with a copy of the claim. This can be done through:
- Personal service (hand-delivering the document)
- Registered mail or courier
- Process server (hiring someone to serve documents for you)
You must then complete and file an Affidavit of Service (Form 8A) to prove the defendant was served.
Step 5: The Defendant’s Response
After receiving the claim, the defendant has 20 days to respond by either:
- Filing a Defence (Form 9A) if they disagree with the claim
- Filing a Defendant’s Claim if they believe you owe them money
- Settling the matter privately
If the defendant does not respond within 20 days, you may request a default judgment to win your case automatically. Learn more about default judgments here.
Step 6: Settlement Conference
Before trial, you and the defendant will be required to attend a settlement conference. This is a meeting with a judge to explore whether a settlement is possible.
If both parties agree, the judge can issue a Consent Judgment, making it legally binding. If no agreement is reached, the case proceeds to trial.
Step 7: Prepare for Trial
If no settlement is reached, you’ll need to:
- Organize your evidence
- Prepare your testimony
- Subpoena witnesses if necessary
- Familiarize yourself with court procedures (attending another Small Claims Court session as an observer can be helpful)
Step 8: The Trial
During the trial:
- The plaintiff presents their case and submits evidence.
- The defendant presents their defense.
- The judge asks questions and makes a decision.
A decision may be made on the spot or reserved for a later date.
Step 9: Enforcing a Judgment
Winning your case doesn’t automatically mean you’ll get paid. If the defendant refuses to pay, you may need to enforce the judgment by:
- Garnishing wages
- Seizing assets
- Filing a writ of execution
For a deeper dive into enforcing judgments, read our guide here.
Conclusion: Do You Need Help with Your Small Claims Case?
Navigating Small Claims Court can be complex, but you don’t have to do it alone. A licensed paralegal like Carson Frankum can handle the paperwork, court procedures, and representation to ensure your case is as strong as possible.
If you’re ready to take legal action or need advice, book a free consultation with Carson Frankum today.
Not sure your dispute belongs in Small Claims at all? Our guide to which Hamilton court or tribunal will hear your case sorts the options. If your case belongs in Hamilton, see what to expect at Hamilton Small Claims Court in the John Sopinka Courthouse, including counter hours and how each hearing is held. If you win at trial, see whether you can get your costs back and which of your expenses the other side may have to pay. Each of these steps has its own court fee; our page on Small Claims Court fees in Ontario lists them and explains fee waivers. Before step one, check the current Small Claims Court limit of $50,000 and what it does and does not include. If your case does not settle, see what happens at a Small Claims trial in Ontario, including the deadlines for serving documents and summonsing witnesses.
