Small Claims Court
Which Small Claims courthouse should you file your claim in?
Last updated October 7, 2026.
In Ontario, you file a Small Claims claim in the court for the area where the problem happened, or where the defendant (or any one of several defendants) lives or carries on business. You can also use the court location nearest to where a defendant lives or does business. Where you live does not decide it, unless that is also where the problem happened.
For Hamilton, the court area is the City of Hamilton, and Small Claims Court sits at the John Sopinka Courthouse. Our page on Small Claims Court help from a Hamilton licensed paralegal explains how Carson Frankum assists with claims from start to finish.
How do you choose the right courthouse, step by step?
The rule is Rule 6.01 of the Rules of the Small Claims Court. It works on "territorial divisions", which Rule 1.02 defines as a county, a district or a regional municipality, plus a list of single-tier cities and areas as they existed on December 31, 2002, including the City of Hamilton, the City of Toronto, the City of Ottawa, Haldimand County, Norfolk County and the combined area of Brant County and Brantford.
- Pin down where the problem happened. The Ontario guide to making a claim describes this as where the event took place or the problem occurred. Rule 6.01(1)(a)(i) lets you file in that territorial division. A leaking roof, a damaged car or work left unfinished usually has an obvious location.
- Find where each defendant lives or does business. Rule 6.01(1)(a)(ii) lets you file where the defendant resides or carries on business. With several defendants, any one of them is enough. For a company, the guide points to the Ontario Business Registry to confirm its correct name and address.
- Consider the nearest place of sitting. Rule 6.01(1)(b) also allows filing at the court's place of sitting nearest to where a defendant lives or carries on business, which can help where a defendant lives close to a boundary.
- Pick one court that fits and stick with it. Any court that meets one of these tests is a proper place. If you are unsure which office covers an area, the Ontario guide suggests calling the court office where you think the claim belongs and asking the clerk.
- File the claim there, in person, by mail or online. Filing online does not change the rule. The Ontario government says that whether you file online, in person or by mail, the claim must be filed in the proper courthouse location. Outside Toronto, claims can be filed through the Small Claims Court Submissions Online portal; since October 14, 2025, Toronto filings go through the Ontario Courts Public Portal.
- Serve the claim within six months. Rule 8.01(2) gives you six months from the date the claim is issued to serve it, unless the court extends the time. If every defendant is served outside the court's territorial division, keep reading: an extra form will be needed later.
- Expect the trial to be held where you filed. Rule 6.01(2) says an action is tried where it was started, unless the court is satisfied that the balance of convenience substantially favours another place.
Fees are the same at every Small Claims location in Ontario, because they come from one regulation, O. Reg. 332/16. Our guide to what it costs to file and run a Small Claims case lists them.
| Option | Rule | Hamilton example | Watch for |
|---|---|---|---|
| Where the cause of action arose | r. 6.01(1)(a)(i) | Work done on a house in Hamilton: file in Hamilton, even if the contractor is based elsewhere | If all defendants are served outside Hamilton, an Affidavit for Jurisdiction (Form 11A) is needed before default can be noted (r. 11.01(3)) |
| Where a defendant lives or carries on business | r. 6.01(1)(a)(ii) | A customer who lives in Hamilton owes you money for work done in another city: file in Hamilton | With several defendants, any one of them is enough |
| Nearest place of sitting to a defendant | r. 6.01(1)(b) | A defendant whose home or business is closest to the Hamilton court location | Check with the court office if the boundary is unclear |
| Not a test on its own | r. 6.01(1) | You live in Hamilton, but the problem happened and the defendant lives elsewhere | Your own address does not make Hamilton a proper place |
What changes the answer?
Serving outside the court's area
If every defendant is served outside the territorial division where you filed, Rule 11.01(3) says the clerk cannot note any defendant in default until you prove, by an Affidavit for Jurisdiction (Form 11A) or by evidence before a judge, that the action was properly brought there. The Ontario guide adds that if you are not sure you chose the right court, you can prepare the affidavit when you file and ask the clerk to review it, which may avoid delay later. Our article on serving documents properly in Small Claims Court covers the service side.
The defendant objects to the place
A defendant who thinks the claim was started in the wrong place can say so in the Defence. If the plaintiff attends trial and the defendant does not, Rule 17.01(3) still requires the trial judge to consider any place-of-trial issue raised in the Defence and make a finding. If you have been sued yourself, see what to do when you are served with a Plaintiff's Claim.
A judge can move the case
Under Rule 6.01(3), if at the settlement conference, trial management conference or trial the judge finds the action was not started in a proper place, the court may order it tried in any place where it could have been started. Rule 13.05(2)(a)(vii) also lets the settlement conference judge change the place of trial. Separately, Rule 6.01(2) allows a trial elsewhere when the balance of convenience substantially favours it.
How you will attend
Distance matters less than it once did. Rule 1.07, as amended by O. Reg. 3/25, says steps are held in person or by video conference, and by telephone only for terms of payment hearings, settlement conferences, motions and trial management conferences. A party who wants a different method can serve and file a request (Form 1B) at least 30 days before the hearing.
Where the money is
The court you file in is not always the court you collect in. Rule 20.08(3) says garnishment is started in the territorial division where the debtor lives or carries on business, and Rule 20.10(1) says the same for a notice of examination. If the judgment came from a different court, you first get a certificate of judgment (Form 20A, a $30 fee under O. Reg. 332/16). Our guide to examination hearings explains that step.
A defendant's claim
A defendant who sues back, or brings in another party, files a Defendant's Claim (Form 10A) in the same action, and the Ontario guide says to include the court file number of the main action. It is not a fresh choice of courthouse.
A worked example
For example, imagine a Hamilton resident named Jordan who hires a moving company that operates out of Mississauga, in Peel Region. During a move from one Hamilton home to another, the movers drop and break a dining set and a television. The company refuses to pay.
Jordan has two proper choices. The damage happened in Hamilton, so the claim can be filed in Hamilton under Rule 6.01(1)(a)(i). The company carries on business in Peel Region, so the claim could also be filed there under Rule 6.01(1)(a)(ii). Jordan files in Hamilton, which is closer to home and witnesses.
Jordan serves the claim at the company's Mississauga office. Because the only defendant was served outside Hamilton, Jordan will need an Affidavit for Jurisdiction (Form 11A) if the company does not file a Defence and Jordan asks the clerk to note it in default. If Jordan wins and the company does not pay, garnishment of its bank account would be started in Peel, where it carries on business, using a certificate of judgment from the Hamilton court. Collecting in that situation is covered in our guide to suing for an unpaid invoice, which walks through a debt claim from demand to collection. This example is hypothetical and is not based on any real client or result.
What mistakes do people make choosing a courthouse?
- Filing where they live. Your own address is not one of the tests in Rule 6.01, unless the problem also happened there.
- Using the wrong business name or address. The Ontario guide warns that a wrongly named defendant can leave you with a judgment you cannot enforce. Search the Ontario Business Registry first.
- Forgetting the Affidavit for Jurisdiction. When all defendants are served outside the court's area, default cannot be noted without it (Rule 11.01(3)).
- Assuming online filing lets you pick any court. The proper courthouse rule applies to online filings too.
- Letting the six-month service window pass. Rule 8.01(2) sets six months from issue. The Ontario guide links timely service to avoiding a clerk's dismissal for delay two years after filing.
- Ignoring where the defendant's money is. Enforcement steps like garnishment and examinations happen where the debtor lives or does business, so plan for that from the start.
What to do this week
- Write down the address where the problem happened and every defendant's home or business address.
- For a business, search its registered name and address on the Ontario Business Registry.
- Match each address to its territorial division (a county, district, regional municipality or listed city such as Hamilton).
- Pick the proper court that is most practical for you and your witnesses.
- If the claim belongs in Hamilton, read about filing at the Hamilton Small Claims Court. Our Hamilton paralegal services page covers the other local courts and tribunals.
- Check the amount against the $50,000 Small Claims limit before you fill in the Plaintiff's Claim (Form 7A).
- Note the six-month deadline to serve the claim on your calendar.
Frequently asked questions
Can I file in Hamilton if the person I am suing lives in Toronto?
Yes, if the problem happened in Hamilton. Rule 6.01(1)(a)(i) allows filing where the cause of action arose. If the Toronto defendant is served in Toronto, you will need an Affidavit for Jurisdiction before the clerk can note them in default.
What area does the Hamilton Small Claims Court cover?
Rule 1.02 lists the City of Hamilton, as it existed on December 31, 2002, as its own territorial division. That is the area the Hamilton court office serves for the place-of-filing tests in Rule 6.01.
There are two defendants in different cities. Where do I file?
Rule 6.01(1)(a)(ii) lets you file where any one of the defendants lives or carries on business. You can also file where the cause of action arose, if that is a third place.
What happens if I file in the wrong court?
Rule 6.01(3) gives the court a way to fix it. A judge at the settlement conference, trial management conference or trial can order the case tried in a place where it could have been started, which can mean delay and extra steps.
Will I have to travel to another city for the trial?
The trial is normally held where the case was started (Rule 6.01(2)). Under Rule 1.07, steps happen in person or by video conference, and you can ask for a different method with Form 1B at least 30 days before the hearing.
I was sued in a court far from where I live. Can I move the case?
You can raise the place of trial in your Defence, and the judge can deal with it at the settlement conference or trial under Rules 6.01 and 13.05. You still need to file a Defence within 20 days of being served (Rule 9.01) to avoid default; see how default judgment works.
Can a licensed paralegal file in any Ontario Small Claims court?
Yes. Law Society of Ontario By-Law 4 lets licensed paralegals act in Small Claims Court proceedings across Ontario, and court documents can be filed online, in person or by mail.
Sources
- Rules of the Small Claims Court, O. Reg. 258/98, rr. 1.02, 1.07, 6.01, 8.01, 9.01, 11.01, 13.05, 17.01, 20.04, 20.08, 20.10 (Ontario e-Laws)
- Guide to Procedures in Small Claims Court: Making a claim (Government of Ontario)
- Small claims court: suing someone (Government of Ontario)
- File Small Claims Court documents online (Government of Ontario)
- O. Reg. 332/16, Small Claims Court Fees and Allowances (Ontario e-Laws)
- Hamilton (John Sopinka) Courthouse, Superior Court of Justice location page (ontariocourts.ca)
- By-Law 4, Licensing, s. 6 (Law Society of Ontario)
Need help with a Small Claims Court matter? 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.