Filing a case in Ontario’s Small Claims Court can be a powerful way to resolve disputes valued at up to $35,000 (soon to be $50,000.00 on October 1, 2025).
Whether you’re seeking unpaid invoices, damages, or compensation for services, understanding the process is crucial. While the system is designed to be accessible, it can still be complex and stressful, especially if you’re going it alone. Here’s a breakdown of the steps involved and how hiring a paralegal or lawyer can make a significant difference.
Step-by-Step: Filing a Small Claims Case in Ontario
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Determine Eligibility
Small Claims Court handles civil disputes involving money or property valued at $35,000 or less. If your claim exceeds this, you’ll need to file in the Superior Court of Justice
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Prepare Your Documents
The main document is the Plaintiff’s Claim (Form 7A). You’ll need to clearly outline:
- Who you are suing
- What you are claiming
- Why you are entitled to the claim
- Supporting evidence (contracts, receipts, emails, etc.)
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File Your Claim for Issuance
As of June 2025, all documents must be filed through the Small Claims Court Submissions Online portal on Justice Services Online (JSO)
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Serve the Defendant
Once your claim is issued, you must serve the defendant with a copy of the claim. This can be done in person, by mail, courier, or email (with consent). To avoid any errors with service, you can hire a Process Server. You must then file Proof of Service (Affidavit of Service).
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Wait for a Response
The defendant has 20 calendar days to file a Defence (Form 9A). If they don’t respond, you may request that they be noted in default and then attempt to obtain default judgment.
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Settlement Conference
If a defence is filed, the court will schedule a settlement conference. This is a mandatory meeting to try to resolve the dispute without a trial. The Judge or Deputy Judge appointed to your settlement conference cannot then preside over the trial of the matter.
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Trial
If no settlement is reached, the case proceeds to trial, where both parties present evidence and witnesses. A Judge or Deputy Judge will make a final decision. If this all seems too complicated or stressful, consider hiring representation for your case.
Why Hire Representation for Small Claims?
While Small Claims Court is designed to be user-friendly, legal procedures can still be daunting. Here’s how a legal professional can help:
- Avoid Costly Mistakes: Missing deadlines, filing the wrong forms, or failing to serve documents properly can result in delays or even the dismissal of your case. A paralegal or lawyer ensures everything is done correctly.
- Strategic Advice: Legal professionals can assess the strength of your case, help you gather evidence, and advise on whether to settle or proceed to trial.
- Experience: If your case goes to trial, having someone experienced in courtroom procedures can significantly improve your chances of success.
- Peace of Mind: Perhaps most importantly, hiring a professional reduces stress. You’ll have someone in your corner who understands the system and can advocate on your behalf.
Final Thoughts
Small Claims Court in Ontario offers an accessible path to justice, but it’s not without its challenges. Whether you’re a landlord, contractor, small business owner, or individual seeking compensation, understanding the process is key. And while you can represent yourself, hiring a paralegal or lawyer can be a wise investment saving you time, stress, and potentially increasing your chances of a favorable outcome.
