Hamilton

What should you expect at Hamilton Small Claims Court in the John Sopinka Courthouse?

Last updated October 8, 2026.

Hamilton's Small Claims Court is part of the Superior Court of Justice and sits in the John Sopinka Courthouse, 45 Main Street East. Offices open weekdays 8:30 a.m. to 5:00 p.m., but the counter serves the public only from 9:00 to 11:00 a.m. and 2:00 to 4:00 p.m. Claims up to $50,000 can be filed there or online; most steps before trial are held by video, and trials are in person unless the court says otherwise.

This page covers what is true only at the Hamilton court: the building, the contacts, the hearing methods and where enforcement happens. For the province-wide rules behind each step, start with our page on Small Claims Court help in Hamilton and across Ontario. For the other local courts and tribunals, see our guide to Hamilton's courts and tribunals.

Which cases belong in Hamilton's Small Claims Court?

The Rules of the Small Claims Court (O. Reg. 258/98) divide Ontario into territorial divisions, and the City of Hamilton, as it existed on December 31, 2002, is one of them (r. 1.02). Under rule 6.01(1), you start your action in the territorial division where the cause of action arose, or where the defendant (or any one of several defendants) lives or carries on business, or at the court's place of sitting nearest to where a defendant lives or carries on business. So a claim against a Hamilton tenant, customer or contractor, or about events that happened in Hamilton, usually belongs at the John Sopinka Courthouse.

If you start in the wrong place, the court can move the trial. The trial is held where the action started unless the balance of convenience substantially favours another place (r. 6.01(2)), and a judge who finds the place improper at a settlement conference or trial can send it to any place where it could have been started (r. 6.01(3)). Our page on which Small Claims courthouse to file in works through the harder cases, such as a defendant in Burlington and events in Hamilton.

The money limit is the same in Hamilton as everywhere in Ontario: $50,000, under section 1 of O. Reg. 626/00, in force since October 1, 2025. If you are owed more, read how much you can sue for in Small Claims Court before you file, because a claim cannot be split into two actions to fit the limit (r. 6.02).

How does a Hamilton Small Claims case move, step by step?

1. Confirm Hamilton is the right place. Check rule 6.01 against where the events happened and where each defendant lives or does business.
2. File the Plaintiff's Claim. You can file at the counter during its two daily windows, or online. Hamilton is outside the Toronto region, so online filing here still goes through the Small Claims Court Submissions Online service; the province moved Toronto filings to the Ontario Courts Public Portal on October 14, 2025. Filing a claim costs $108, or $228 for a frequent claimant (someone who has already filed 10 or more claims in the same office that calendar year). At the counter, the courthouse accepts Visa, Mastercard, Interac debit, cash, cheques and money orders.
3. Serve the claim. Once the defendant is served, they have 20 days to file a Defence (r. 9.01). The fee to file a Defence is $77. If you are the one being sued, read what to do after being served with a Plaintiff's Claim right away.
4. Attend the settlement conference. Every defended action gets one (r. 13.01). Under the Superior Court's guidelines for hearing methods in Small Claims Court, settlement conferences are held remotely unless the court specifies otherwise, so for most Hamilton cases this happens by video.
5. Set and attend the trial. Fixing a trial date costs $308, or $403 for a frequent claimant. The guidelines say trials are held in person unless the court specifies otherwise, which means a courtroom at 45 Main Street East. Our page on what happens at a Small Claims trial explains the day itself.
6. Enforce the judgment if it is not paid. Writs of seizure and sale of personal property are filed with the enforcement office, which the province lists at the same courthouse. Judgment debtor examinations and garnishment hearings are held remotely by video unless the court specifies otherwise; see how a judgment debtor examination works.

How is each type of hearing held in Hamilton?

Rule 1.07 lets a step be held in person, by video conference, or by telephone for a terms of payment hearing, settlement conference, motion or trial management conference. The Superior Court has set default methods for each event, and the Hamilton court follows them unless a judge directs otherwise.

To ask for a different method, you serve and file Form 1B with your reasons at least 30 days before the hearing (r. 1.07(4)). The other side can object on Form 1C within seven days of being served (r. 1.07(5)). The guidelines say that if all parties agree on a different method, the court should generally accommodate it, and they list access to justice and the needs of self-represented people among the factors a judge weighs.

What else is in the John Sopinka Courthouse?

The building at 45 Main Street East is shared. The province lists civil, criminal, youth criminal, Divisional Court, enforcement, the Crown Attorney's office and the Victim/Witness Assistance Program at this address, and the Ontario Court of Justice also hears criminal matters there. That matters for two reasons.

First, an appeal from a Small Claims judgment over the prescribed amount goes to the Divisional Court. That amount is $5,000 (Courts of Justice Act, s. 31, and O. Reg. 626/00, s. 2). The Divisional Court is outside a licensed paralegal's permitted scope under the Law Society's By-Law 4, so that step needs a lawyer even though it may sit in the same building.

Second, tickets are not handled here. Hamilton's Provincial Offences Administration office and courtrooms moved on August 27, 2018 to 50 Main Street East, across the street. If you also have a traffic or by-law matter, see how Hamilton's Provincial Offences Court works. The Ontario Court of Justice also runs a separate Hamilton Courthouse at 55 Main Street East.

What changes the answer?

• Where the defendant lives. If the defendant lives or does business outside Hamilton and nothing happened here, rule 6.01(1) may point to another court. Starting in the wrong place risks a transfer under rule 6.01(3) and delay.
• The amount. Claims over $50,000 belong in the Superior Court unless you give up the excess (Courts of Justice Act, s. 23). Superior Court actions are outside paralegal scope.
• Your ability to pay fees. The province's fee waiver applies to most Small Claims fees from the time it is granted. Our page on Small Claims court fees lists each fee and the waiver rules.
• Whether you can attend by video. If you cannot use video, or need to be in the room, file Form 1B at least 30 days ahead (r. 1.07(4)) and contact the accessibility coordinator early if a disability is involved.
• Where the debtor's assets are. The province's guide to procedures after judgment says that if the debtor lives or does business in another area, you need a Certificate of Judgment (Form 20A) from the Hamilton court before a garnishment or examination can issue in that other court.
• Whether the case is a tenancy dispute. Many money disputes between a landlord and a current or former tenant belong at the Landlord and Tenant Board instead. See how an LTB case works for a Hamilton rental.

A worked example

For example, imagine a Hamilton print shop owner named Omar who is owed $7,400 by a Hamilton restaurant for menus and signs he delivered in March. The restaurant is in Hamilton and the work was done here, so rule 6.01(1) points to the John Sopinka Courthouse.

Omar files his Plaintiff's Claim online through Small Claims Court Submissions Online on a Sunday evening, attaching the invoices and the order emails, and pays the $108 fee. He serves the restaurant, which files a Defence within 20 days saying some signs were late. The court schedules a settlement conference by video. Omar logs in from his shop; the deputy judge helps the parties narrow the dispute to the late signs, but they do not settle.

Omar pays $308 to fix a trial date, and his trial is scheduled in person at 45 Main Street East. He serves his documents and witness statements on time, arrives early, and presents his case. If the judge finds in his favour and the restaurant does not pay, he can ask the court for a notice of examination, which would be held by video, and later file a writ with the enforcement office in the same building. This example is made up to show the Hamilton steps; it is not a real case or a result anyone obtained.

What mistakes do people make at the Hamilton court?

• Arriving outside counter hours. The offices are open until 5:00 p.m., but the counter closes from 11:00 a.m. to 2:00 p.m. and again at 4:00 p.m. Plan in-person filing around those windows, or file online.
• Emailing the wrong inbox. The Superior Court's Hamilton scheduling address is for Superior Court civil and criminal events. Small Claims questions go to the Small Claims inbox.
• Going to the wrong building. Ticket payments and early resolution requests go to 50 Main Street East, not the Small Claims counter at number 45.
• Not preparing for video. A settlement conference or examination by video still needs your documents ready and served. Test your connection and keep your file number handy.
• Asking for an in-person hearing too late. The 30-day deadline for Form 1B in rule 1.07(4) is strict.
• Treating an appeal as routine. Appeals over $5,000 go to the Divisional Court, where a lawyer is needed, and they have their own short deadlines.

What to do this week

1. Write down where the events happened and where each defendant lives or does business, then check rule 6.01.
2. Decide whether you will file online or at the counter; if at the counter, aim for 9:00 to 11:00 a.m. or 2:00 to 4:00 p.m.
3. Gather your contract, invoices, photos and messages, and count the days from when you discovered the problem, since the basic limitation period is two years.
4. Save the Hamilton Small Claims email address and phone number listed above.
5. If you need a disability accommodation or French-language service, contact the courthouse now.
6. If you have been served, mark the 20-day Defence deadline in your calendar.
7. Read how to enforce a Small Claims Court judgment so you know what comes after a win.

Frequently asked questions

Do I have to go to the courthouse to file in Hamilton?

No. Most Small Claims documents can be filed online through Small Claims Court Submissions Online, which is available 24 hours a day. You can still file in person at the counter during its posted hours.

Will my settlement conference be in person?

Usually not. The Superior Court's guidelines say settlement conferences are held remotely unless the court specifies otherwise. Your notice will say how to attend.

Can a licensed paralegal represent me at the John Sopinka Courthouse?

Yes, in Small Claims Court. The Law Society's By-Law 4 permits licensed paralegals to act in Small Claims Court proceedings. An appeal to the Divisional Court is outside paralegal scope, so that step needs a lawyer.

Where is the enforcement office for a Hamilton judgment?

The province lists the enforcement office at the Hamilton (John Sopinka) Courthouse, 45 Main Street East, with the same main number, 905-645-5252. You file the issued writ there and pay the enforcement fee and deposit.

Can I pay court fees by credit card in Hamilton?

Yes. The province lists Visa, Mastercard, Interac debit, cash, cheques and money orders as payment options at this courthouse. Online filings are paid when you submit.

What if the other side wants a video trial and I want to be in the courtroom?

Trials default to in person. If the other side asks to change that with Form 1B, you can object on Form 1C within seven days of being served, and the court decides under rule 1.07(6).

Is the Hamilton Small Claims Court the same as the Hamilton Courthouse at 55 Main Street East?

No. The Ontario Court of Justice lists a separate Hamilton Courthouse at 55 Main Street East. Small Claims Court is part of the Superior Court of Justice at the John Sopinka Courthouse, 45 Main Street East.

Sources

• Hamilton (John Sopinka) Courthouse: Small Claims and scheduling contacts (Superior Court of Justice)
• Hamilton (John Sopinka) Courthouse: hours, contacts, payment options (Ontario court locations)
• Guidelines to Determine Hearing Method in the Small Claims Court (Superior Court of Justice)
• Hamilton Courthouse, 55 Main Street East (Ontario Court of Justice)
• Rules of the Small Claims Court, O. Reg. 258/98, rr. 1.02, 1.07, 6.01, 6.02, 9.01, 13.01 (Ontario e-Laws)
• O. Reg. 626/00, Small Claims Court Jurisdiction and Appeal Limit (Ontario e-Laws)
• Limitations Act, 2002, s. 4 (Ontario e-Laws)
• Courts of Justice Act, ss. 23 and 31 (Ontario e-Laws)
• Fees in Small Claims Court (ontario.ca)
• File Small Claims Court documents online (ontario.ca)
• Guide to procedures in Small Claims Court: after judgment (ontario.ca)
• Provincial Offences Administration office and courtrooms move to 50 Main Street East (City of Hamilton)
• By-Law 4, Licensing, s. 6 (Law Society of Ontario)

Have a question about a Small Claims, Landlord and Tenant Board or provincial offences matter in Hamilton? Contact us today for a consultation.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.