⚖️   Choosing the Right Court

Small Claims Court vs.
Simplified Procedure
in Ontario

Both are designed to be faster and less expensive than a full civil trial. But they're different courts, with different monetary limits and meaningfully different procedures — picking the wrong one costs time you don't get back.

⚖️Written by Ontario Lawyers
📅Updated July 2026
⏱️13 min read
📍Ontario Law
⚖️
Legal Solutions Law Firm
Toronto, Ontario — Small Claims Court
✓ Lawyer Reviewed
📋 Key Takeaways
  • Small Claims Court handles claims up to $50,000, excluding interest and costs, effective October 1, 2025.
  • Simplified Procedure, in the Superior Court of Justice, generally applies to claims between $50,001 and $200,000.
  • A plaintiff with a claim above $50,000 can still choose Small Claims Court, but must abandon the excess above the monetary limit.
  • Simplified Procedure permits limited oral discovery (a capped number of hours), which Small Claims Court does not offer at all — settlement conferences serve a related purpose there instead.
  • Neither process offers a jury trial — Small Claims Court never has, and Simplified Procedure eliminated jury trials as of a 2020 rule change.
  • Simplified Procedure generally involves more formal steps and higher cost than Small Claims Court, even though both are streamlined compared to the ordinary Superior Court process.

The Short Answer

Small Claims Court handles claims up to $50,000. Simplified Procedure, a streamlined process within the Superior Court of Justice, generally applies to claims between $50,001 and $200,000. Both are designed to be faster and cheaper than a full civil trial, but they remain meaningfully different in process, cost, and available tools.

The Monetary Thresholds

Small Claims Court's monetary jurisdiction is $50,000 effective October 1, 2025, under Ontario Regulation 42/25. Simplified Procedure generally covers the next tier up, from just above that limit to $200,000, excluding interest and costs. Claims above $200,000 generally proceed through the ordinary (non-simplified) Superior Court process.

ForumMonetary Range
Small Claims CourtUp to $50,000
Simplified Procedure (Superior Court)$50,001 – $200,000
Ordinary Superior Court processAbove $200,000

What If Your Claim Exceeds $50,000?

You have options. You can pursue the full amount through Simplified Procedure or, for larger claims, the ordinary Superior Court process. Or, if you'd prefer the simplicity and lower cost of Small Claims Court, you can still sue there — but you must abandon the amount above $50,000, recovering at most the monetary limit even if your actual loss was greater.

📌 Practical Example

A business is owed $65,000 on an unpaid contract. It can pursue the full $65,000 through Simplified Procedure in Superior Court, or sue in Small Claims Court for a maximum recovery of $50,000, giving up the remaining $15,000 in exchange for a faster, less expensive process.

Key Procedural Differences

Simplified Procedure sits between Small Claims Court and the full ordinary Superior Court process in formality. It retains more of the traditional civil litigation toolkit — but in capped, streamlined form.

Discovery: The Biggest Practical Difference

ℹ️ Small Claims Court Has No Formal Discovery

Simplified Procedure permits limited oral examinations for discovery — generally capped at a few hours per party — allowing each side to question the other before trial. Small Claims Court has no formal discovery process at all. Instead, a mandatory settlement conference serves a related but more limited function, giving each side a preview of the other's position without formal questioning under oath.

Cost and Complexity Comparison

Small Claims Court is generally the least expensive and least formal option — designed for self-represented litigants, with capped representation cost recovery and simplified rules. Simplified Procedure, while faster and cheaper than the ordinary Superior Court process, still typically involves meaningfully more legal cost than Small Claims Court, given its discovery process, more detailed pleadings, and formal trial procedure.

Which One Fits Your Claim?

  • Claim clearly under $50,000: Small Claims Court is generally the right forum
  • Claim between $50,000 and $200,000: Simplified Procedure is generally required (or a reduced claim in Small Claims Court, if you\'re willing to abandon the excess)
  • Claim complexity matters too: a legally or factually complex matter may benefit from Simplified Procedure\'s discovery process even if the amount alone could fit in Small Claims Court, subject to actually meeting that court\'s monetary jurisdiction

Common Mistakes

Not Checking the Current Monetary Limits

These thresholds have changed over the years — confirm the current $50,000 and $200,000 figures before deciding where to file.

💸 Not Realizing You'd Have to Abandon Excess Damages

Choosing Small Claims Court for a claim above $50,000 means giving up everything beyond that amount.

🔍 Underestimating the Value of Discovery

For a complex or disputed claim, Simplified Procedure's limited discovery can be genuinely useful — don't dismiss it as unnecessary formality.

⚖️ Assuming a Jury Trial Is Available Somewhere in This Range

Neither Small Claims Court nor Simplified Procedure offers jury trials — plan your strategy accordingly.

📞 Free Consultation

Not sure which court fits your claim? Call our Toronto team at 416-274-2222 for a free consultation.


Frequently Asked Questions

What is the monetary limit for Ontario Small Claims Court?

Small Claims Court handles claims up to $50,000, excluding interest and costs, effective October 1, 2025, under Ontario Regulation 42/25.

What is Simplified Procedure, and when does it apply?

Simplified Procedure is a streamlined process within the Superior Court of Justice, generally applying to claims between $50,001 and $200,000 (excluding interest and costs). It's designed to be faster and less expensive than the full ordinary Superior Court process, while still offering more formal tools than Small Claims Court.

Can I sue in Small Claims Court if my claim is worth more than $50,000?

Yes, but you would need to limit your claim to $50,000 and abandon the amount above that limit. Alternatively, you can pursue the full amount through Simplified Procedure or the ordinary Superior Court process instead.

Does Simplified Procedure allow examinations for discovery?

Yes, in limited form — generally capped at a few hours per party, unlike the more extensive discovery available in an ordinary Superior Court action. Small Claims Court does not have a formal discovery process at all; a settlement conference serves a related, though more limited, function there.

Is Simplified Procedure faster than the regular Superior Court process?

Generally yes. Simplified Procedure caps trial length, limits discovery, and streamlines several procedural steps compared to an ordinary Superior Court action, though it remains more formal and involved than Small Claims Court.

Can I get a jury trial in Simplified Procedure?

No. Jury trials were eliminated from Simplified Procedure actions as part of a rule change effective January 1, 2020. Small Claims Court has never offered jury trials for any claim type.

Which is cheaper: Small Claims Court or Simplified Procedure?

Small Claims Court is generally significantly less expensive, given its more informal process, lower filing fees, and capped representation cost recovery. Simplified Procedure, while cheaper than an ordinary Superior Court action, still typically involves more legal cost than Small Claims Court given its more formal discovery and trial process.

Should I get legal advice on which forum to choose?

It can be valuable, particularly for a claim near the $50,000 boundary, since the choice affects cost, timeline, available procedural tools, and — in some cases, like defamation claims — access to specific motions only available in Superior Court.


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