Before hiring anyone for an Ontario Small Claims Court matter — lawyer or licensed paralegal — ask whether they hold a lawyer's licence or a paralegal licence, confirm it is in good standing through the Law Society of Ontario directory, and get clear answers on Small Claims-specific experience, flat-fee pricing, who personally handles your file, and their experience collecting after judgment.
- Both lawyers and licensed paralegals can represent you in Ontario Small Claims Court under Law Society of Ontario By-Law 4 — ask directly which one you are hiring, since cost is often the bigger practical difference than competence for a straightforward claim.
- Always verify a licence is in good standing on the Law Society of Ontario's public Lawyer and Paralegal Directory (lsodirectory.lso.ca) before signing anything.
- Ask about Small Claims Court-specific experience — not general litigation — including how many matters of a similar type and dollar value they have handled.
- Many Small Claims matters are billed on a flat fee per stage (claim or defence, settlement conference, trial) rather than hourly — get the fee structure and what costs extra in writing.
- Winning a judgment and collecting it are two different problems — ask specifically about enforcement experience (garnishment, writs of seizure and sale), not just trial experience.
- Be cautious of anyone who guarantees you will win, or guarantees you will collect the full judgment amount — outcomes depend on evidence and the deputy judge, and collection is never guaranteed even after winning.
- Ontario's Small Claims Court monetary limit is currently $50,000 (raised from $35,000 effective October 1, 2025, and subject to periodic change) — confirm your prospective representative's experience fits claims at your value.
The Short Answer
Before you hire anyone to help with your Small Claims Court matter, ask directly whether they are a licensed lawyer or a licensed paralegal, confirm that licence is in good standing on the Law Society of Ontario's public directory, and get clear, specific answers on their Small Claims Court experience, their fee structure, and their experience collecting a judgment after trial — not just winning one. Vague answers to any of these are a reason to keep looking.
If you have not yet decided whether you need representation at all, start with our guide on whether to hire a lawyer, hire a paralegal, or represent yourself. This article assumes you have already made that decision and focuses only on how to vet the specific person or firm you are considering.
Lawyer or Paralegal? Both Are Legitimate — Know Which You're Hiring
Under Law Society of Ontario By-Law 4, both lawyers and licensed paralegals are permitted to represent clients in Small Claims Court. This is one of the few areas of Ontario law where a paralegal is a fully legitimate, regulated option — not a discount substitute for a lawyer. Whether you are filing a claim or defending one, both types of representative can draft documents, negotiate, attend a settlement conference, and appear at trial on your behalf.
“Are you a licensed lawyer, or a licensed paralegal?” Both are real, regulated answers. The point of asking is not to rule either one out — it is to know exactly who you are hiring and why, since cost is often the main practical difference between the two for a straightforward claim, not necessarily competence.
How to Verify Their Licence Is in Good Standing
Do not take someone's word for their licence status, especially where a paralegal is involved, since the licence type itself is part of what you are confirming. The Law Society of Ontario maintains a free, public Lawyer and Paralegal Directory at lsodirectory.lso.ca, searchable by name or by Law Society number. It confirms whether someone is currently licensed and in good standing, and discloses any discipline history.
If you have not identified a lawyer or paralegal to call, the Law Society Referral Service at findlegalhelp.ca is a free resource that connects the public with a lawyer or licensed paralegal for an initial consultation.
Questions About Relevant Experience
General litigation experience is not the same thing as Small Claims Court experience. The procedure, the deputy judges, and the practical rhythm of the process are distinct enough that it is worth asking pointed questions:
- How much of your practice is specifically Small Claims Court work, as opposed to other types of litigation?
- How many matters of a similar type and dollar value to mine have you handled?
- What is your experience with enforcement after judgment — garnishment and writs of seizure and sale — not just getting to a verdict?
- What is your track record, honestly described, on cases like mine? See our guide on what actually wins a Small Claims Court case for the kind of preparation a strong representative should already be doing.
Winning a $12,000 judgment against a contractor who has already closed the business and moved on is a very different problem from winning the same judgment against a well-funded corporate defendant. Ask how your prospective representative would approach collecting the judgment — including tools like a writ of seizure and sale or garnishment — before you sign anything, not after you have already won.
Questions About Fees and Costs
Many Small Claims matters are handled on a flat fee for the entire case, or for defined stages — drafting and filing the claim or defence, attending the settlement conference, and trial. Others are billed hourly. Ask:
- Is the fee flat or hourly, and exactly what does it cover?
- What costs extra — additional motions, adjournments, or enforcement steps after judgment?
- Do you offer a free or low-cost initial consultation to assess the merits of my claim before I commit to a fee?
- Can I see the fee arrangement in writing before we start?
Understanding the total realistic cost matters even more once you factor in what you can actually recover. See our breakdown of Small Claims Court costs and legal fees for how limited cost recovery typically is, even when you win.
Who Actually Works on Your File
At some firms, the person you speak with during an initial consultation is not necessarily the person who shows up for your settlement conference or trial. Ask plainly: if I hire a paralegal, will that paralegal personally appear at every stage, or could someone else from the firm attend instead? For a lawyer-run file, ask whether a clerk, student, or associate will be handling parts of the work, and what that means for the quoted fee.
Communication and Availability
Small Claims Court runs on fixed scheduling — once a settlement conference or trial date is set, it does not move easily to accommodate a representative's calendar. Before you hire anyone, ask how quickly they typically respond to calls or emails, how they will prepare you ahead of each scheduled appearance, and whether they anticipate any conflicts with the dates already set in your matter.
Strategy, Honesty, and Red Flags
Ask for a realistic, specific assessment of your claim's strength and the likely range of recovery — not a vague assurance that things will go well. Ask about their general approach to settlement versus pushing toward trial, and their experience with enforcement if collection becomes an issue later.
- No written fee agreement offered or provided
- Vagueness about whether they are a licensed lawyer or a licensed paralegal
- Pressure to sign immediately, with no time to think it over or get a second opinion
- A guarantee that you will win, or that you will collect the full judgment amount — collection is never guaranteed, even after a win
Overconfidence is itself a signal. Outcomes in Small Claims Court depend on the evidence presented and the deputy judge's assessment of it, not on who you hire. Our guide to common Small Claims Court mistakes covers several problems that a properly experienced representative should be actively helping you avoid, not causing.
The Full Checklist at a Glance
| Category | Ask This |
|---|---|
| Licensing | Are you a licensed lawyer or a licensed paralegal? Is your licence in good standing on lsodirectory.lso.ca? |
| Experience | How much Small Claims-specific experience do you have, with matters of a similar type and value, including enforcement? |
| Fees | Is the fee flat or hourly, what does it cover, and what costs extra? Is there a free initial consultation? |
| Who handles the file | Will you personally appear at the settlement conference and trial, or will someone else? |
| Communication | How quickly do you respond, and how will you prepare me for each scheduled date? |
| Honesty | What is your realistic assessment of my claim's strength and likely recovery range? |
Not sure where to start, or want a second opinion before you commit to a fee? Call our Toronto Small Claims Court team at 416-274-2222 for a free consultation, or visit our Small Claims Court page to learn more about how we work.
Frequently Asked Questions
Both are legitimate, licensed options under Law Society of Ontario By-Law 4 — a paralegal is not a lesser substitute for Small Claims Court work. Cost is often the main practical difference, since paralegals frequently charge less than lawyers for comparable Small Claims work. The better question is not which license is "better," but which fits your claim's complexity and value, and whether the specific person you are speaking with has relevant experience.
Use the Law Society of Ontario's public Lawyer and Paralegal Directory at lsodirectory.lso.ca. It is searchable by name or by Law Society number, confirms whether someone is currently licensed and in good standing, and shows any discipline history. Checking this takes a few minutes and is one of the simplest ways to protect yourself before paying anyone.
As of October 1, 2025, Ontario's Small Claims Court monetary limit is $50,000, exclusive of costs and interest, increased from the previous $35,000 limit. This figure is set by regulation and has changed before, so it is worth confirming the current limit if your claim is near the threshold. See our dedicated guide to the current limit for more detail.
Yes. Many Small Claims matters are handled on a flat fee for the whole case, or for defined stages such as drafting and filing the claim, attending the settlement conference, and trial. Ask exactly what the quoted fee covers and what triggers an extra charge — common examples include additional motions or enforcement steps taken after judgment.
Ask directly how often they have helped a client actually collect on a judgment after winning, including experience with garnishment of wages or bank accounts and writs of seizure and sale. Trial experience and enforcement experience are different skill sets, and a representative who is strong at one is not automatically strong at the other.
Many lawyers and paralegals offer a free or low-cost initial consultation to assess a claim's merits before you commit to a fee. The Law Society Referral Service at findlegalhelp.ca is also a free resource that can connect you with a lawyer or paralegal for an initial consultation if you are not sure where to start.
This varies by firm, so ask directly. Confirm whether the specific paralegal you are speaking with will personally attend the settlement conference and trial, or whether the file may be handed to someone else at the firm. You are entitled to know who will actually be representing you before you sign anything.
Watch for no written fee agreement, vagueness about whether they are a licensed lawyer or a licensed paralegal, pressure to sign immediately without time to think it over, and any guarantee that you will win or that you will collect the full judgment amount. None of those are consistent with how a properly regulated, confident representative normally operates.
No. Small Claims Court outcomes depend on the evidence presented and the deputy judge's assessment of it — no lawyer or paralegal can guarantee a result. Ask instead for a realistic, honest assessment of your claim's strength and the likely range of recovery, and be skeptical of anyone who promises a specific outcome.
The Law Society Referral Service, at findlegalhelp.ca, is a free program run by the Law Society of Ontario that connects the public with a lawyer or licensed paralegal for an initial consultation. It is a legitimate, no-cost starting point if you have not yet identified someone to call.
Yes, you should insist on one. A written fee agreement should set out whether the fee is flat or hourly, what it covers, and what is billed separately. Verbal understandings about fees are a common source of disputes later, and a properly licensed representative should have no hesitation putting the arrangement in writing.