How to File a Small Claims Case in Ontario: A Step-by-Step Guide

The small claims court process is designed to be more accessible to individuals without legal training, though understanding the procedures and requirements is crucial for success. According to data from the Ontario Court of Justice, thousands of individuals and businesses utilize this system annually to resolve disputes efficiently and cost-effectively.

Small claims court is a branch of the Superior Court of Justice that handles civil disputes involving claims up to $35,000. The system is designed to be faster, simpler, and less expensive than traditional court proceedings. The rules of evidence and procedure are more flexible, making it accessible to people representing themselves.

The court’s jurisdiction extends to various types of disputes, including:

• Debt collection
• Damages for breach of contract
• Property damage claims
• Unpaid accounts for goods or services
• Personal injury claims (within the monetary limit)
• Tenant and landlord disputes (security deposits, property damage)

It’s important to note that certain matters cannot be heard in small claims court, including libel, slander, and malicious prosecution claims. Additionally, the court cannot order specific performance (forcing someone to do something) except in limited circumstances related to recovery of personal property.

Before filing a claim, you must ensure your case meets the eligibility criteria for small claims court. The most significant limitation is the monetary cap – your claim cannot exceed $35,000. If your claim is worth more than this amount, you must either proceed in Superior Court or waive the excess amount to bring your claim within the small claims limit.

Key Eligibility Factors for Small Claims Court

Several factors determine whether your case is appropriate for small claims court:

According to resources from Ontario’s Ministry of the Attorney General, understanding these jurisdictional requirements is the first critical step in the small claims process.

Before initiating a formal claim, it’s often beneficial to explore alternative dispute resolution methods and ensure you have a strong case. The court may even require parties to attempt settlement through mediation before proceeding to a hearing.

Demand Letter and Negotiation

Sending a formal demand letter is often an effective first step. This document should clearly state:

• The amount owed or damages claimed
• The basis for the claim
• A reasonable deadline for payment or response
• Your intention to file in small claims court if the matter isn’t resolved

Many disputes are resolved at this stage, saving both parties time and money. Keep copies of all correspondence, as they may become evidence if the case proceeds to court.

Assessing Your Case Strength

Before filing, objectively evaluate the strengths and weaknesses of your case. Consider:

• Do you have sufficient evidence to prove your claim?
• Are your documents organized and complete?
• Can you identify and locate witnesses?
• Is the defendant likely to have assets to satisfy a judgment?

Resources from FindLaw Canada emphasize that proper case assessment before filing can significantly improve your chances of success and help you avoid unnecessary litigation expenses.

Once you’ve determined that small claims court is the appropriate venue for your dispute, follow these steps to properly file your case:

Step 1: Complete the Plaintiff’s Claim Form

Form 7A – Plaintiff’s Claim is the official document that initiates your lawsuit. You must provide:

• Your full legal name and address (as the plaintiff)
• The defendant’s full legal name and address
• A concise statement of facts supporting your claim
• The exact amount you’re claiming
• A breakdown of how you calculated the amount

Be specific and factual in your claim description. Avoid emotional language and focus on the relevant facts that support your legal right to recovery.

Step 2: File the Claim and Pay Fees

Take your completed Plaintiff’s Claim to the small claims court office in the appropriate jurisdiction. You’ll need to pay a filing fee, which varies based on the amount claimed:

• Up to $500: $102
• $500.01 to $2,500: $182
• $2,500.01 to $25,000: $262
• $25,000.01 to $35,000: $347

These fees are current as of 2024 but are subject to change. Check the Ontario Court Fee Schedule for current amounts.

Step 3: Serve the Defendant

After filing, you must properly serve the defendant with a copy of the claim. Service must be done by someone other than yourself who is at least 18 years old. Acceptable methods include:

• Personal service (handing the documents directly to the defendant)
• Service at place of residence with someone who appears to be an adult
• Service by mail to the defendant’s last known address (with certain restrictions)

You must then file an Affidavit of Service (Form 8A) with the court to prove that the defendant was properly served.

Step 4: Defendant’s Response

The defendant has 20 days from being served to file a Defence (Form 9A). If they fail to respond within this timeframe, you may request noting them in default and then seek default judgment.

If the defendant files a defence, the court will schedule a settlement conference or trial management conference.

After the defendant files a defence, the court will schedule a settlement conference. This is an informal meeting before a judge or deputy judge where both parties discuss the case and explore settlement possibilities.

Purpose and Benefits of Settlement Conferences

Settlement conferences serve several important functions:

• Identifying and narrowing the issues in dispute
• Exploring settlement options
• Resolving procedural matters
• Providing guidance on evidence and trial procedure
• Potentially avoiding the need for a full trial

According to practice directions from the Superior Court of Justice, settlement conferences have resolved approximately 40% of small claims cases without the need for trial.

Preparing for Your Settlement Conference

Proper preparation is essential for a successful settlement conference:

• Review all documents and evidence
• Prepare a concise summary of your position
• Consider what settlement terms you would accept
• Bring all relevant documents and witnesses (if necessary)
• Be prepared to discuss the strengths and weaknesses of your case honestly

If settlement is reached, the terms will be documented in a settlement agreement, which becomes enforceable as a court order. If no settlement is reached, the matter will proceed to trial.

If your case doesn’t settle at the conference stage, it will proceed to trial. Small claims trials are less formal than superior court trials but still require careful preparation and presentation.

Organizing Your Evidence

Effective evidence organization is crucial for trial success. Your evidence may include:

• Contracts, invoices, and receipts
• Photographs or videos
• Correspondence (letters, emails, text messages)
• Expert reports (if applicable)
• Witness statements

Create multiple copies of all documents: one for yourself, one for the judge, and one for the defendant. Number each page for easy reference during the trial.

Presenting Your Case at Trial

During the trial, you’ll have the opportunity to:

• Make an opening statement briefly outlining your case
• Present your evidence and documents
• Question your witnesses (examination-in-chief)
• Cross-examine the defendant’s witnesses
• Make a closing argument summarizing why you should win

Speak clearly and directly to the judge. Address them as “Your Honour” and remain respectful throughout the proceedings. Focus on the facts that support your legal position rather than emotional appeals.

The Canadian Judicial Council provides excellent resources on effective self-representation in small claims court proceedings.

John Doe, a small business owner, faced a challenging situation when a client refused to pay for services rendered. After multiple polite reminders and a formal demand letter failed to resolve the $8,500 debt, John decided to file a small claims case in Ontario.

The process began with John carefully completing the Plaintiff’s Claim form, clearly detailing the services provided, the agreed-upon fees, and the client’s refusal to pay. He filed the claim at the local courthouse and arranged for proper service through a process server. When the defendant failed to respond within the 20-day period, John successfully obtained a default judgment.

However, the victory in court was only the first step. The defendant still refused to pay voluntarily, requiring John to initiate enforcement proceedings through the sheriff’s office. After locating the defendant’s bank account, John was able to garnish the funds and ultimately recover the full amount owed plus court costs. This experience highlights the importance of understanding both the litigation process and post-judgment enforcement when filing a small claims case in Ontario.

Winning your case in small claims court doesn’t automatically mean you’ll get paid. If the defendant doesn’t voluntarily satisfy the judgment, you’ll need to take enforcement actions.

Common Enforcement Methods

Several enforcement options are available through the court system:

Each enforcement method has specific procedural requirements and costs. The Enforcement Office Guide provides detailed information about these processes.

Understanding the full financial implications of pursuing a small claims case is essential for making an informed decision about whether to proceed.

Potential Costs Include:

• Filing fees (varies by claim amount)
• Service fees (if using a process server)
• Disbursements (photocopying, postage, expert reports)
• Witness expenses
• Enforcement costs
• Potential liability for the defendant’s costs if you lose

If you win your case, the court may award you partial reimbursement of these costs. However, cost recovery is typically limited and may not cover all your expenses.

Cost-Benefit Analysis

Before proceeding, consider whether the potential recovery justifies the time, effort, and expense of litigation. Even if you have a strong case, if the defendant has limited assets or income, you may have difficulty collecting on your judgment.

Resources from Canadian Lawyer Magazine highlight that many successful plaintiffs recover only a fraction of their actual costs when considering time invested and out-of-pocket expenses.