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

Ontario's Small Claims Court handles claims for money or property up to $50,000. It is designed to be faster and less formal than the Superior Court, but the rules and deadlines still decide many cases before anyone reaches a judge.

1. Check your deadline

Most claims in Ontario must be started within two years of the day you discovered the problem. Miss it and your claim can be dismissed no matter how strong it is.

2. Send a demand letter

A clear demand letter setting out what is owed and a deadline to pay often resolves the dispute without a lawsuit, and it shows the court you tried.

3. File and serve the Plaintiff's Claim

The claim is started with a Plaintiff's Claim (Form 7A), filed online or at the courthouse with the filing fee. You then serve it on each defendant, generally within six months, and file proof of service.

4. The defence, settlement conference and trial

A defendant normally has 20 days after service to file a defence. If they do not, you may be able to get default judgment. If they do, the court schedules a settlement conference, where a judge helps the parties narrow the issues and try to settle. Cases that do not settle go to trial.

5. Collecting after you win

A judgment is not money in the bank. Enforcement tools include garnishing wages or bank accounts and examining the debtor about their assets.

Were you sued?

Do not ignore the claim. Count the 20 days from the date you were served. Merisca Legal Services, a licensed paralegal firm in Thornhill, represents plaintiffs and defendants in Small Claims Court across York Region and Toronto. Call 647 818 3005. This article is general information, not legal advice.