Understanding Small Claims Court: What You Need to Know Before Filing

If you’re owed money, dealing with a contract dispute, or trying to recover damages, Small Claims Court might be the solution. But before you file, it’s important to understand what to expect and how to set yourself up for the best possible outcome.

In this guide, I’ll break down the essentials of Small Claims Court in Ontario—who it’s for, what it covers, how the process works, and key things to consider before filing.

What Is Small Claims Court?

Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes where the amount in question is $35,000 or less. It’s designed to be a faster, more affordable alternative to higher courts, making it accessible for individuals and businesses looking to resolve legal issues without the complexity of a full trial.

This court is commonly used for cases like:
✔ Unpaid invoices or loans
✔ Breach of contract disputes
✔ Property damage claims
✔ Failure to pay for services rendered
✔ Damage caused by negligence

It’s not meant for criminal cases, family law matters, or employment disputes—those require different legal channels.

Is Small Claims Court Right for You?

Before you jump into filing a claim, take a moment to ask yourself:
✅ Do I have strong evidence? Courts rely on documents, contracts, receipts, emails, and witness statements. If it’s just your word against theirs, your case may be harder to prove.
✅ Is the other party able to pay? Winning a case doesn’t guarantee you’ll get your money. If the defendant has no assets or income, collecting on a judgment can be difficult.
✅ Have I tried other resolutions? Sometimes, a strongly worded demand letter or mediation can resolve the issue faster (and cheaper) than a lawsuit.

If you’re unsure whether Small Claims Court is the right path, talking to a paralegal can help you weigh your options.

How to File a Small Claims Case in Ontario

If you’ve decided to move forward, here’s a step-by-step breakdown of the process:

1. Prepare Your Claim

You'll need to complete a Plaintiff’s Claim (Form 7A), outlining your case, the amount you’re suing for, and why you’re entitled to it. Be clear and concise—judges appreciate straightforward explanations.

2. File Your Claim

You can file your claim online, in person at a courthouse, or by mail. There’s a filing fee (starting at $108), which varies depending on how much you’re claiming.

3. Serve the Defendant

Once your claim is filed, you must "serve" (officially deliver) a copy of it to the defendant within 6 months. This ensures they’re aware of the lawsuit and have a chance to respond. You can serve them personally, by mail, or through a process server.

4. The Defendant Responds

The defendant has 20 days to file a Defence (Form 9A). They can:
✔ Admit to the claim and pay you
✔ Offer a settlement
✔ Deny the claim and fight it in court

If they ignore the claim, you can request a default judgment, meaning the court may rule in your favor automatically.

5. Court Hearing & Judgment

If the case proceeds, both sides will present evidence, and a judge will make a decision. If you win, you’ll receive a judgment order stating how much the defendant owes.

What Happens After You Win?

Winning your case is great—but collecting the money is another story. If the defendant refuses to pay, you may need to enforce the judgment by:
🔹 Garnishing their wages or bank account
🔹 Seizing assets
🔹 Registering the debt with a collection agency

This is why making sure the defendant has the ability to pay before filing is so important.

Tips for a Strong Case

✔ Keep everything documented – Emails, receipts, contracts, and photos can make or break your case.
✔ Be professional – Stick to the facts in court; emotional arguments won’t help.
✔ Consider hiring a paralegal – Small Claims Court may be simpler than higher courts, but having an expert handle your case can improve your chances of success.

Final Thoughts

Small Claims Court can be a powerful tool for recovering money you’re owed, but it’s important to go in prepared. Understanding the process, gathering strong evidence, and considering alternative resolutions before filing can save you time, stress, and money.

If you’re thinking about filing a claim and need guidance, I’m here to help. Feel free to reach out—I’d be happy to discuss your case and walk you through the best steps forward.

Need legal support? Contact me today for a consultation!

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