12/21/2025
Your Guide to Resolving Disputes Quickly and Affordably
What Is Small Claims Court?
Small Claims Court in Ontario is a branch of the Superior Court of Justice that offers a more accessible way for people and businesses to resolve civil disputes involving claims under $50,000.00. If you’re owed money, want to recover personal property, or are seeking damages for breach of contract or minor property damage, you may do so through the Small Claims Court.
What Types of Cases Can You Bring to Small Claims Court?
· Unpaid debts: such as loans, invoices for work performed, or unpaid rent
· Damages: for example, damage to your car, home, or personal belongings
· Breach of contract: if someone fails to live up to the terms of an agreement
· Recovery of personal property: when someone won’t return your possessions
-Torts: like negligence and fraud
As of the time of writing, the maximum amount you can claim in Ontario’s Small Claims Court is $50,000. If your claim exceeds this limit, you must reduce your claim to this amount or pursue it in a higher court.
Why Choose Small Claims Court?
· It’s accessible: You don’t need a licensed paralegal, although you may choose to have one.
· It’s affordable: Filing fees and court costs are relatively low.
· It’s efficient: Cases are typically resolved more quickly than in higher courts.
How Does the Process Work?
1. Filing a Claim: Complete and file a Plaintiff’s Claim (Form 7A) at your local Small Claims Court or online. Pay the required filing fee.
2. Serving the Defendant: Provide the defendant with a copy of your claim so they know about the lawsuit. The Plaintiff will need someone other than themself and over 18, to serve the Plaintiff's Claim.
3. Defence: The defendant files a Defence form, outlining why they disagree with your claim.
4. Settlement Conference: Both sides meet before a judge to try to settle the dispute. Most cases are resolved here.
5. Trial: If you can’t settle, a trial date will be set. Both parties present their evidence and witnesses. The judge will make a final decision.
Tips for Success in Small Claims Court
· Gather your evidence: Bring all relevant documents, such as contracts, receipts, invoices, photos, or correspondence.
· Be organized: Prepare your case and know what you want to say.
· Stay polite and professional: Address the judge as “Your Honour” and be respectful to all court participants.
· Consider settlement: Try to resolve the issue before trial if possible. Settling can save time and money.
Getting Help
While Small Claims Court is designed to be accessible, you may still have questions or need help. Community legal clinics, legal aid, and court staff can provide information, but they cannot give legal advice. If your case is complex or involves a significant amount of money, you may want to consult a paralegal or lawyer.
Conclusion
Small Claims Court in Ontario empowers individuals and small businesses to seek justice without the complexity and expense of higher courts. By understanding the process and coming prepared, you can give yourself the best chance of resolving your dispute efficiently. The Ontario Ministry of the Attorney General website is a helpful resource for forms and further information.
For assistance, text or call us at (647) 470-7645 or email at [email protected], to arrange a complimentary consultation regarding your matter. For additional information about our services, visit our website at www.jessicamasonlegal.ca .
Wishing you a joyful and restful holiday season.
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