What is Small Claims Court?
Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes involving amounts up to $35,000. It was designed to be more accessible and affordable than the higher courts, with simplified procedures and lower costs.
Despite the name, the disputes are often far from small for the people involved. A $15,000 unpaid invoice, a damaged security deposit, or a contractor who abandoned a job can have real financial consequences. The court takes these matters seriously, and so should you.
What kinds of disputes go to Small Claims Court?
- ✓Unpaid invoices or contracts, work completed but not paid for
- ✓Defective goods or services that were not as promised
- ✓Money lent to someone who has not repaid it
- ✓Security deposits that were not returned
- ✓Property damage caused by another party
- ✓Breach of a written or verbal agreement
- ✓Vehicle damage from a collision
- ✓Disputes with a contractor or tradesperson
The $35,000 limit
If your claim is worth more than $35,000, you have a choice: abandon the amount above the limit and sue for $35,000 in Small Claims Court, or pursue the full amount in the Superior Court of Justice (which involves more complex procedures and higher costs). A paralegal can help you weigh which path makes more sense.
Step 1, Filing a Plaintiff's Claim
The process starts when the person suing, the plaintiff, files a Plaintiff's Claim (Form 7A) at a Small Claims Court office. The claim sets out who is being sued, what happened, and how much is being claimed.
There is a filing fee based on the amount of the claim. Once filed, the court issues the claim and it must be properly served on the defendant, the person or business being sued.
What to include in your claim
- ✓A clear description of what happened and when
- ✓The specific amount you are claiming and how you calculated it
- ✓The names and addresses of all parties
- ✓Reference to any agreements, invoices, or relevant documents
Step 2, The defendant responds
Once served, the defendant has 20 days to file a Defence (Form 9A). In the Defence, they can dispute the claim, admit to part of it, or file a Defendant's Claim against you.
If the defendant does not respond within 20 days, the plaintiff can request a default judgment, the court may rule in the plaintiff's favour without a hearing. This does not happen automatically; you have to ask for it.
Step 3, Settlement conference
Before any trial, the court schedules a mandatory settlement conference. Both parties appear before a judge or deputy judge who reviews the case, identifies the real issues in dispute, and actively encourages settlement.
The settlement conference is important. Many Small Claims cases are resolved here, fully or partially. Even if the matter does not fully settle, the conference often narrows the issues and makes the eventual trial shorter and more focused.
Take the settlement conference seriously
Some people treat the settlement conference as a formality before trial. That is a mistake. The judge presiding may have useful things to say about the strengths and weaknesses of each side's position. Coming prepared with your documents and a realistic sense of what you are willing to accept makes a real difference.
Step 4, Trial (if the matter does not settle)
If the matter does not resolve at the settlement conference, it proceeds to trial. At trial, both sides present their evidence and make their arguments. The judge then makes a decision.
What happens at trial
- ✓The plaintiff presents their evidence first, documents, witnesses, testimony
- ✓The defendant has the opportunity to cross-examine the plaintiff's witnesses
- ✓The defendant then presents their evidence
- ✓The plaintiff can cross-examine the defendant's witnesses
- ✓Brief closing arguments may follow
- ✓The judge issues a decision, sometimes immediately, sometimes in writing later
What to bring to trial
- ✓All contracts, invoices, receipts, and written agreements
- ✓Any emails, text messages, or other written communications
- ✓Photographs or videos relevant to the dispute
- ✓Witnesses who can speak to the facts, arranged in advance
- ✓Three copies of everything: one for yourself, one for the other party, one for the judge
Step 5, Enforcement
Winning a judgment is not the same as receiving payment. If the other party does not pay voluntarily after a judgment is issued, you will need to take steps to enforce it.
Enforcement tools available in Ontario include:
- ✓Garnishment of wages, directing the employer to withhold and pay a portion of the debtor's wages
- ✓Garnishment of bank accounts, seizing funds held at a financial institution
- ✓Writ of seizure and sale, seizing and selling personal property
- ✓Examination of the debtor, requiring them to disclose their assets and income
Enforcement has its own costs and procedures. Understanding this reality upfront helps you make informed decisions about whether and how to pursue a claim, particularly if there are questions about whether the other party has assets to collect from.
Costs in Small Claims Court
Filing fees in Ontario Small Claims Court depend on the amount of the claim, they range from approximately $102 for claims up to $1,000 to approximately $216 for claims between $10,000 and $35,000. Service fees, enforcement fees, and representation costs are additional.
If you win, the court can award costs, typically a portion of the filing and service fees, and sometimes a contribution toward legal representation costs. However, cost awards in Small Claims Court are modest and should not be the primary reason to pursue or defend a claim.
When it makes sense to get help
Many people navigate Small Claims Court on their own for straightforward matters. But having a licensed paralegal in your corner is worth considering when:
- ✓The amount at stake is significant, the closer to $35,000, the more value representation adds
- ✓The legal or factual issues are complex
- ✓The other side has legal representation
- ✓You are being sued and need to defend yourself
- ✓You have already obtained a judgment and need help enforcing it
- ✓Your evidence is complicated to organise and present
Frequently asked questions
What is the maximum claim in Small Claims Court?
Ontario Small Claims Court handles civil disputes up to $35,000, not including interest and costs. Claims above this limit must be brought in a higher court.
How long does a Small Claims case take?
Timelines vary. A straightforward matter may move through the system in a few months. More complex cases, or those that proceed to trial, can take a year or longer. Many cases settle before trial, sometimes at the mandatory settlement conference.
Do I need a lawyer or paralegal for Small Claims Court?
You are not required to have representation. However, having a licensed paralegal familiar with Small Claims procedure can help with filing, evidence organisation, and presentation, particularly for larger or more complex claims. The other side having representation while you do not puts you at a disadvantage.
What happens if the defendant does not respond to my claim?
If the defendant does not file a Defence within 20 days, you can request a default judgment (meaning the court may rule in your favour without a trial. You would still need to prove your claim to obtain judgment.
I won my case but the other side is not paying. What can I do?
Winning a judgment is different from collecting on it. If the other party does not pay voluntarily, enforcement tools are available, including garnishing wages or bank accounts, and seizing personal property. Enforcement has its own steps and costs, but it is possible.
Can I sue for a verbal agreement?
Yes. Verbal agreements can be legally binding and enforceable in Small Claims Court. The challenge is proving what was agreed. Evidence like text messages, emails, witnesses, and a consistent pattern of conduct can all support your position.
