Whether you are trying to recover money owed to you or defending a claim made against you, Small Claims Court is designed to be accessible, but knowing the process and being well-prepared still matters.
Small Claims Court handles disputes up to $35,000 in Ontario. It is meant to be a relatively straightforward forum, but the rules and procedures are real, deadlines exist, and the outcome has financial consequences. Having someone in your corner helps.
Winning is only half the battle
Getting a judgment in your favour is a meaningful result, but it does not automatically put money in your pocket. If the other side does not pay voluntarily, you may need to take enforcement steps. Understanding this reality upfront helps you approach your case strategically from the start.
File a Plaintiff's Claim
The person suing files a Plaintiff's Claim setting out what happened and what they are claiming. The defendant then has 20 days to file a Defence.
Settlement conference
Before trial, parties attend a settlement conference where a judge or deputy judge helps identify the issues and explore whether a resolution is possible.
Trial (if needed)
If the matter does not settle, it proceeds to trial where both sides present their evidence and the judge makes a decision.
Enforcement (if applicable)
If a judgment is granted and not paid, the winning party can take steps to enforce the judgment.
Small Claims Court in Ontario handles civil claims up to $35,000, not including interest and costs. For amounts above this limit, you would need to pursue your claim in a different court.
You are not required to have representation, but having a licensed paralegal familiar with Small Claims procedure can make a real difference, particularly for larger claims, complex disputes, or when the other side has representation.
Timelines vary depending on the complexity of the case and how busy the court is. Simple matters can resolve in a few months; more complex cases can take a year or longer. Many cases settle before trial.
Winning a judgment is one thing, enforcing it is another. If the other party is not paying, there are enforcement tools available including garnishing wages or bank accounts, and seizing personal property. We can advise on the best approach for your situation.
Yes, verbal agreements can be enforceable. The challenge is proving what was agreed to. Evidence like text messages, emails, witnesses, and a consistent pattern of conduct can all support a verbal agreement claim.
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The information on this page is for general guidance only and does not constitute legal advice. Every situation is different. Submitting an intake does not create a legal relationship.
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