Small Claims Court

How much can you sue for in Ontario Small Claims Court?

Last updated October 7, 2026.

You can sue for up to $50,000 in Ontario Small Claims Court. The limit counts the money you claim (or the value of the property you want back) but not interest or costs, so a judgment can end up higher than $50,000. The limit rose from $35,000 to $50,000 on October 1, 2025.

If you are owed more, you can either give up the amount over $50,000 and stay in Small Claims Court or start your case in the Superior Court of Justice. Our page on Small Claims Court help in Hamilton explains how Carson Frankum, a licensed paralegal, works on claims inside the limit.

How does the Small Claims limit work, step by step?

The limit comes from section 23 of the Courts of Justice Act, which says the Small Claims Court can hear actions for money where the amount claimed does not exceed "the prescribed amount exclusive of interest and costs", and actions to get back personal property worth no more than that amount. The prescribed amount is set in Ontario Regulation 626/00, which now reads $50,000. Here is how to apply it to your own case.

Add up what you are actually owed. Start with the principal: the unpaid invoice, the cost of repairs, the deposit you lost, the value of the item someone is keeping. Leave interest and court costs out of this number. They are added later and do not count toward the limit.
Check whether it is one claim or several. Rule 6.02 of the Rules of the Small Claims Court says a cause of action cannot be divided into two or more actions to bring it within the court's limit. If the money all comes from one deal or one event, it is one claim, even if you are tempted to file it in pieces.
Compare the total to $50,000. If it is $50,000 or less, Small Claims Court is the right court. Since July 1, 2024, section 23(1.1) of the Courts of Justice Act says an action within the Small Claims limit cannot be started in the Superior Court without that court's permission, and Rule 14.01.1 of the Rules of Civil Procedure allows that permission only if it is in the interest of justice.
If you are over $50,000, choose your route. The Ontario government's Small Claims guidance says you can still file in Small Claims Court if you are willing to waive the amount over $50,000. The other choice is the Superior Court of Justice. We compare the two in our guide on whether to give up the amount over the limit.
Write the claim amount on the Plaintiff's Claim (Form 7A). The form asks for the amount claimed and, separately, the interest rate you are asking for. Rule 7.01 requires a concise explanation of the claim and copies of the documents it is based on.
File in the right courthouse and pay the fee. The claim goes to the court office for the place where the problem happened or where the defendant lives or does business. See which Small Claims courthouse to file in before you send anything.

The same $50,000 figure also caps the claims a deputy judge can hear (O. Reg. 626/00, s. 1(2)). Deputy judges are lawyers appointed under section 32 of the Courts of Justice Act to sit in Small Claims Court, so a claim anywhere up to the limit can be heard by one.

Ontario Small Claims Court: the numbers that matter (checked October 7, 2026)
Rule	Amount or limit	Where it comes from
Largest claim for money	$50,000, not counting interest and costs	Courts of Justice Act s. 23(1)(a); O. Reg. 626/00 s. 1(1)
Largest claim to recover personal property	Property worth $50,000 or less	Courts of Justice Act s. 23(1)(b); O. Reg. 626/00 s. 1(1)
Limit before October 1, 2025	$35,000	O. Reg. 42/25 (amended O. Reg. 626/00)
Smallest judgment that can be appealed	More than $5,000, excluding costs (was $3,500)	Courts of Justice Act s. 31; O. Reg. 626/00 s. 2
Costs cap (other than disbursements)	15% of the amount claimed, unless the court penalizes unreasonable behaviour	Courts of Justice Act s. 29
Compensation to a self-represented winner	Up to $500 for inconvenience and expense	Small Claims Court Rules r. 19.05
A minor suing without a litigation guardian	Up to $500	Ontario Guide to Procedures in Small Claims Court
Time to start most claims	Two years from the day the claim was discovered	Limitations Act, 2002 s. 4

What changes the answer?

The $50,000 figure is simple, but a few rules decide whether your case fits under it and what you can recover on top of it.

Interest and costs sit outside the limit

Because section 23(1)(a) of the Courts of Justice Act measures the claim "exclusive of interest and costs", a plaintiff can claim the full $50,000 and also ask for prejudgment interest under section 128 of the Act, or at a contract rate if the agreement sets one. Costs are separate again, and section 29 caps them (other than disbursements) at 15% of the amount claimed unless the court decides to penalize unreasonable behaviour. Our guide to the costs you can recover if you win explains how that cap works in practice.

Property claims are measured by value

If you want an item back, such as a vehicle, tools or equipment, section 23(1)(b) asks whether the property is worth $50,000 or less. The Ontario guide adds that the limit applies to the value of all the goods you are asking for in total, no matter how many defendants there are.

You cannot split one claim

Rule 6.02 stops a plaintiff from dividing one cause of action into two or more lawsuits to squeeze under the limit. Two invoices from the same job, or damage and lost income from the same event, normally belong together. If you are unsure whether two debts come from one cause of action or two, get advice before you file.

The appeal threshold also moved

Section 31 of the Courts of Justice Act allows an appeal to the Divisional Court only from a final order for more than the prescribed amount, excluding costs. Since October 1, 2025 that amount is $5,000. An appeal is heard in the Divisional Court, where you would need a lawyer: a licensed paralegal's scope under Law Society of Ontario By-Law 4 covers Small Claims Court proceedings, not appeals to the Divisional Court. Our article on appealing a Small Claims Court decision covers the general process.

Small cases can be decided early

Rule 13.05(4) lets a judge order final judgment at the settlement conference, if all parties sign a consent (Form 13B) and the amount in dispute is under the appealable limit. With the appeal limit now at $5,000, that option is open to more small disputes than before.

Where the money comes from matters too

Some disputes can go to a tribunal instead of court. Section 87 of the Residential Tenancies Act, 2006 lets a landlord apply to the Landlord and Tenant Board for unpaid rent while the tenant is still in the unit, or up to one year after a former tenant leaves. Past that year the Board route is closed, and a claim within the $50,000 limit would go to Small Claims Court; see collecting rent owed after a tenant moves out for how the two compare.

A worked example

For example, imagine a Hamilton landscaping company owned by a woman named Priya. A commercial client stops paying partway through a season, leaving three invoices from the same written contract unpaid: $18,000, $21,000 and $14,000, for a total of $53,000. The contract sets interest on late accounts at 12% per year.

Priya cannot file two claims, one for $18,000 and one for $35,000, because all three invoices come from one contract and Rule 6.02 forbids splitting a cause of action. She has two real choices. She can sue in the Superior Court of Justice for the full $53,000, a court where a licensed paralegal cannot act for her. Or she can waive $3,000, claim $50,000 in Small Claims Court, and ask for interest at the contract rate on top, because interest does not count toward the limit.

If she picks Small Claims Court and wins, her judgment could be $50,000 plus interest from the date the money was due, plus her disbursements and any costs the judge allows within the 15% cap. Whether giving up $3,000 is worth a faster, simpler court is a judgment call that depends on how strong her evidence is and whether the client can pay. Debt claims like hers are covered step by step in our guide to suing for an unpaid invoice. This example is hypothetical and is not based on any real client or result.

What mistakes do people make with the limit?

Relying on the old $35,000 figure. Many older articles still mention $35,000. The limit has been $50,000 since October 1, 2025, and relying on the old number could lead you to waive money you no longer need to give up.
Counting interest in the claim amount. Interest is claimed separately on the form. Folding it into the principal can push a claim over $50,000 for no reason.
Splitting one debt into two claims. Rule 6.02 forbids it. Waiving the excess or going to the Superior Court are the proper options.
Starting a claim under $50,000 in the Superior Court. Since July 1, 2024 that needs the Superior Court's permission, which is granted only in the interest of justice.
Forgetting the two-year clock while deciding. Section 4 of the Limitations Act, 2002 bars most claims two years after the claim was discovered. Our article on the limitation period for small claims explains when that clock starts.
Ignoring whether you can collect. The Ontario government's own guidance warns that winning does not guarantee payment. A $50,000 judgment against someone with no income or assets may be worth less than a smaller settlement.

What to do this week

Write down the principal you are owed, item by item, with no interest or costs included.
Gather the contract, invoices, receipts, photos and messages that prove each amount, because Rule 7.01 requires the documents your claim relies on to be attached.
Find the date you first knew of the loss and count two years forward from it.
If your total is over $50,000, decide whether to waive the excess or pursue the full amount in the Superior Court.
Check the filing fee for your situation in our guide to Small Claims Court fees.
If the claim will be filed in Hamilton, read about Small Claims Court at the John Sopinka Courthouse.
Book a consultation if you want a licensed paralegal to review the amount, the documents and the timing before you file.

Frequently asked questions

Does the $50,000 limit include interest?

No. Section 23 of the Courts of Justice Act measures the limit "exclusive of interest and costs". You can claim up to $50,000 and ask for interest on top, either at the rate in your contract or at the court rate under section 128. Our guide to interest on debts and judgments shows how it is calculated.

Does the new limit apply to claims filed before October 1, 2025?

O. Reg. 42/25, which raised the limit, came into force on October 1, 2025 and contains no special transition section for older files. The Ontario government explains how to amend the amount of an existing claim, which is free if no trial date is set or the trial is at least 30 days away. Whether an increase above the old limit is allowed in a particular file is worth confirming with the court office or a licensed paralegal before you rely on it.

Can I sue several people for more than $50,000 in total?

The limit applies to the amount claimed in the action, not to each defendant separately. The Ontario guide says the value of all goods claimed counts in total no matter how many defendants there are. Naming more defendants does not raise the ceiling.

Is there a minimum amount for Small Claims Court?

The Courts of Justice Act sets a maximum, not a minimum. Very small claims still cost a filing fee, though, which starts at $108 for most people under O. Reg. 332/16, so it is worth comparing the fee and your time against the amount owed.

Can a licensed paralegal handle a $50,000 claim?

Yes. Law Society of Ontario By-Law 4 allows licensed paralegals to give advice, draft documents and represent clients in Small Claims Court proceedings, and the Rules of the Small Claims Court define a representative to include a paralegal. The limit on a paralegal's role is the court, not the dollar amount: Superior Court actions and Divisional Court appeals need a lawyer.

What if I am owed $50,000 plus my own legal costs?

Your own costs are not part of the claim amount. If you win, the court may award disbursements under Rule 19.01 and, if you had a lawyer or paralegal, a reasonable representation fee under Rule 19.04, subject to the 15% cap in section 29 of the Courts of Justice Act.

Can I lose more than I claim?

If you lose, the court can order you to pay some of the other side's costs, and the Ontario government's guidance warns about this. The same 15% cap in section 29 applies, unless the court decides to penalize unreasonable behaviour.

Sources

Need help with a Small Claims Court matter? Contact us today for a consultation.

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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.