- Ontario Small Claims Court handles disputes up to $50,000, excluding interest and costs.
- There are 15 steps from assessing your claim to receiving payment.
- Filing must occur within two years of discovering your claim under Ontario's Limitations Act.
- Proper service of the Plaintiff's Claim is mandatory — improper service is one of the most common causes of delay.
- Most defended cases are resolved at or before the settlement conference stage.
- Winning a judgment does not guarantee payment — separate enforcement steps may be required to collect.
- You can represent yourself in Small Claims Court, but legal advice can help you avoid costly mistakes.
What Is Small Claims Court in Ontario?
Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes involving claims up to the monetary limit established by the province. It is designed to provide a faster and less formal process than traditional court proceedings.
Common disputes heard in Small Claims Court include:
- Unpaid invoices and outstanding accounts
- Breach of contract claims
- Construction and renovation disputes
- Property damage claims
- Personal loans between friends, family members, or former business partners
- Unpaid services and wages
- Collection matters
- Landlord and tenant issues not within the jurisdiction of the Landlord and Tenant Board
Many people represent themselves in Small Claims Court. However, parties are also free to retain a lawyer or licensed paralegal to assist with any stage of the process.
Ontario Small Claims Court is an accessible venue for resolving civil disputes without the expense of Superior Court litigation. The court is governed by the Courts of Justice Act and the Rules of the Small Claims Court, O. Reg. 258/98.
The 15-Step Process at a Glance
Before filing a lawsuit, confirm that your dispute falls within the jurisdiction of Ontario Small Claims Court.
Monetary Limit
Small Claims Court currently handles claims up to $50,000, excluding interest and costs.
If your claim exceeds $50,000, you may:
- Reduce your claim to $50,000 and proceed in Small Claims Court; or
- Start an action in the Superior Court of Justice.
Use our free Ontario Small Claims Court Calculator to estimate your total claim, including pre-judgment interest and filing fees before you file.
Common Types of Cases
Unpaid Invoices
A contractor completes renovations worth $12,500, but the homeowner refuses to pay the balance. The contractor may commence a Small Claims Court action seeking payment of the outstanding amount.
Breach of Contract
When one party fails to fulfill the terms of an agreement, the injured party may seek damages. Examples include:
- Failure to perform services
- Failure to deliver goods
- Breach of a written agreement
- Breach of an oral agreement
Property Damage Claims
Claims involving motor vehicles, property damage, or negligence may also be pursued in Small Claims Court, provided the amount sought falls within the monetary limit.
Personal Loans
Many disputes involve money loaned to family members, friends, or former business partners. Even informal loans may be enforceable with adequate evidence.
Is Small Claims Court the Right Option?
| Factor | Small Claims Court | Superior Court |
|---|---|---|
| Claim Limit | Up to $50,000 | Any amount |
| Cost | Lower | Higher |
| Speed | Generally faster | Slower |
| Formality | Less formal | More formal |
| Self-Representation | Common | Less common |
| Discovery Process | Limited | Full discovery |
One of the most common mistakes is suing the wrong person or company. Naming the incorrect defendant can delay your case and, in some situations, result in dismissal.
Using a trade name instead of a corporation's full legal name is one of the most frequent errors in Small Claims Court. Always confirm the exact legal name through a corporate search before filing.
Suing an Individual
Use the person's full legal name — for example, John Michael Smith rather than simply John Smith.
Suing a Corporation
Confirm the exact legal name through an Ontario corporate search. For example:
- ✓ Correct: ABC Construction Inc.
- ✗ Incorrect: ABC Construction
Sole Proprietorships
The owner should generally be named personally, together with the business name. For example: Jane Doe carrying on business as Doe Landscaping.
Multiple Defendants
In some cases, more than one defendant may be responsible — for example, contractors and subcontractors, business partners, or multiple property owners. Identifying all responsible parties at the outset can prevent complications later.
Ontario's ServiceOntario website allows you to search corporation names and confirm exact legal entity names before you file. This simple step can save significant time and money.
Strong evidence is often the difference between winning and losing. Before filing, organize all documents that support your position.
Evidence Checklist
| Evidence Type | What It Proves | Priority |
|---|---|---|
| Written Contracts | Terms of the agreement, obligations, amounts | Essential |
| Invoices & Receipts | Amount owing, dates, payment history | Essential |
| Emails & Text Messages | Admissions, promises, arrangements, breaches | Essential |
| Photographs | Property damage, defective workmanship | Situational |
| Witness Information | Corroborates events, conversations, performance | Situational |
| Bank Records | Payment history, transfers, outstanding amounts | Situational |
| Expert Reports | Deficiencies, valuations, technical opinions | Complex cases |
Create separate labelled folders for each document category. Organize everything chronologically. Judges appreciate well-organized evidence — it strengthens your credibility and makes your case easier to follow.
Although many disputes end up in court, parties should attempt to resolve disagreements before commencing legal proceedings. Judges generally appreciate parties who make reasonable efforts to settle.
Send a Demand Letter
A well-written demand letter outlines:
- What happened and when
- The amount owing
- Why the other party is responsible
- A clear deadline for payment or response
Many disputes are resolved after receiving a properly worded demand letter — often without the need for court proceedings at all.
A freelance graphic designer sends an unpaid client a demand letter requesting $4,800 within 14 days. The client, now aware that legal action is imminent, arranges payment. Court proceedings are avoided entirely.
Document All Settlement Attempts
Retain copies of all emails, letters, text messages, and payment proposals. These records may become relevant later in the process — including at the settlement conference stage.
Ontario's Limitations Act, 2002 generally requires lawsuits to be commenced within two years of discovering the claim. Do not delay settlement discussions so long that you miss the deadline to sue. Once the limitation period expires, your right to sue may be lost entirely.
To begin an action, the plaintiff must complete Form 7A – Plaintiff's Claim. This document sets out the names of the parties, the amount claimed, the supporting facts, and the relief being requested.
Describe the Facts Clearly
Avoid emotional language. Focus on:
- What occurred
- When it occurred
- Why the defendant is responsible
- How much money is owed
What You Can Claim
- Principal amounts owing
- Prejudgment interest (calculated under the Courts of Justice Act)
- Post-judgment interest
- Certain costs, including filing fees
Ontario courts award prejudgment interest based on rates set quarterly by the Attorney General. Use our Small Claims Court Calculator to automatically calculate interest amounts and total damages before filing.
- Suing the wrong party or using the wrong legal name
- Failing to provide sufficient factual detail
- Miscalculating damages or forgetting interest
- Using vague or conclusory allegations without facts
- Attaching too many documents to the claim itself
Once you have completed Form 7A, file your claim with the Ontario Small Claims Court. Claims may be filed:
- Online through the Small Claims Court E-Filing Service
- At the courthouse serving the area where the defendant resides or carries on business
- In person at a Small Claims Court office
Filing Fees
| Claimant Type | Filing Fee |
|---|---|
| Infrequent claimant (most people) | $108.00 |
| Frequent claimant (10+ claims filed at the same court office in the same year) | $228.00 |
The fee to file a Plaintiff's Claim is a flat rate under O. Reg. 332/16 — it does not change with the amount you are claiming, up to the $50,000 limit. Fees are subject to change. Successful parties may recover filing costs from the defendant.
Choosing the Proper Court Location
Generally, claims should be filed where the defendant lives, where the defendant carries on business, or where the events giving rise to the dispute occurred. Filing in the wrong location can create delays and additional expense.
Always retain certified copies of the Plaintiff's Claim, your filing receipt, and all supporting documents. You will need these for service and throughout the rest of the process.
Filing the claim is only the beginning. The defendant must also receive proper notice of the lawsuit. This process is known as service.
Improper service is one of the most common reasons for delays in Small Claims Court. Even a valid claim can be derailed if service is not completed correctly and on time.
Methods of Service
| Defendant Type | Accepted Methods of Service |
|---|---|
| Individual | Personal service, leaving with adult at residence, mail, courier, email (where permitted) |
| Corporation | Director, officer, person apparently in charge, registered office |
| Partnership | Any one partner, person apparently in charge of business |
| Sole Proprietor | Individual personally or at place of business |
A plaintiff attempts to serve a numbered corporation by emailing the owner. The defendant later argues service was improper. The court requires re-service, causing a several-month delay. Always follow the prescribed rules.
After serving the defendant, proof of service must be filed with the court using Form 8A – Affidavit of Service. This document explains who served the documents, how they were served, when service occurred, and upon whom the documents were delivered.
- Missing or incorrect dates of service
- Incorrect names of the person served
- Incomplete description of how service was completed
- Failing to file the affidavit with the court altogether
Without a properly filed Affidavit of Service, your case cannot move forward. The court will not schedule a settlement conference or trial until proof of service is on file.
After being served, the defendant generally has twenty days to respond. The defendant may:
File a Defence
The defendant may deny the allegations and dispute liability. If a defence is filed, the case will proceed to a settlement conference.
File a Defendant's Claim
The defendant may also make claims against the plaintiff.
A contractor sues a homeowner for $8,000 in unpaid invoices. The homeowner files a Defendant's Claim alleging defective workmanship worth $6,000. Both claims will be heard at the same trial.
Ignore the Claim
If the defendant fails to respond within the required time, the plaintiff may be entitled to seek default judgment — covered in the next step.
When a defendant fails to file a defence within the prescribed time, the plaintiff may request default judgment. This means the court may award damages without a trial.
Default judgment means the defendant did not defend — it does not automatically mean you will receive payment. Winning a judgment and collecting money are two separate matters. Enforcement steps may still be required. See Step 15: Enforcing a Judgment.
When Default Judgment May Not Be Automatic
The court may require additional information where damages are uncertain, interest calculations are disputed, multiple defendants are involved, or evidence supporting the amount claimed is insufficient.
Most defended Small Claims Court cases proceed to a settlement conference before trial. These conferences are designed to encourage resolution without the need for a full hearing.
Purpose of the Settlement Conference
- Allow parties to discuss settlement in a structured setting
- Narrow the issues in dispute
- Review and organize the evidence
- Address procedural matters
The Judge's Role
The judge does not decide the case at this stage. Instead, the judge helps the parties explore resolution options and may provide comments on the strengths and weaknesses of each side's position.
Come to the settlement conference fully prepared with organized documents. Judges notice — and appreciate — prepared parties. Failing to comply with pre-conference document disclosure requirements can have serious consequences, including costs being awarded against you.
Why Settlement Makes Sense
- Certainty — you know the outcome rather than leaving it to the judge
- Reduced legal costs and time commitment
- Faster payment compared to waiting for trial and enforcement
- Reduced stress and disruption to your business or personal life
If settlement is unsuccessful, the matter proceeds to trial. Proper preparation is essential and often has a significant impact on the outcome.
- Organize documents chronologically: contracts, invoices, emails, photographs, receipts, text messages
- Prepare and brief your witnesses — they should understand the issues, their role, and the importance of honesty
- Label and organize your exhibits clearly
- Review your key arguments: What facts are you trying to prove? Which documents support your position? What evidence will the other side rely on?
Under the Rules of the Small Claims Court, you are required to provide copies of all documents you intend to rely on at trial to the other parties and the court in advance. Failure to disclose documents may result in them being excluded at trial.
Trials in Small Claims Court are more formal than settlement conferences, but still significantly less formal than Superior Court proceedings. Both sides have the opportunity to present evidence and make submissions.
| # | Stage | What Happens |
|---|---|---|
| 1 | Opening Statements | Each party briefly explains their position and what they intend to prove |
| 2 | Plaintiff's Evidence | Documents, witness testimony, and exhibits are presented by the plaintiff |
| 3 | Cross-Examination | The defendant questions the plaintiff and their witnesses |
| 4 | Defendant's Evidence | The defendant presents their case, documents, and witnesses |
| 5 | Closing Arguments | Each side summarizes why they should succeed based on the evidence |
| 6 | Decision | Judge decides immediately or reserves judgment and provides written reasons |
Stay calm, professional, and focused on the facts. Judges assess credibility closely. Parties who remain composed and stick to the evidence tend to present more persuasively than those who become emotional or argumentative.
After hearing the evidence, the judge will determine whether the plaintiff has proven their case, the amount of damages (if any), and whether costs should be awarded.
Costs
The successful party may recover certain costs, including filing fees, service costs, and limited representation expenses. Small Claims Court does not typically award full legal fees.
Interest
The court may award prejudgment interest (from the date the cause of action arose to the date of judgment) and post-judgment interest (from the date of judgment until payment).
A judgment from Ontario Small Claims Court is a legally enforceable order. However, if the debtor does not pay voluntarily, further enforcement steps will be required — see Step 15 below.
Winning a lawsuit does not automatically mean you will receive payment. If the debtor fails to pay voluntarily, enforcement proceedings may become necessary.
Enforcement Options
| Method | How It Works | Best When |
|---|---|---|
| Wage Garnishment | A portion of the debtor's wages are redirected to you through their employer | Debtor is employed |
| Bank Garnishment | Funds in the debtor's bank account are seized and paid to you | Bank account known |
| Writ of Seizure and Sale | Personal or real property may be seized and sold to satisfy the debt | Debtor owns property |
| Debtor Examination | Debtor is required to disclose assets, income, employment, and bank accounts under oath | Assets unknown |
Practical Challenges
Some debtors have no assets, are unemployed, have declared bankruptcy, or cannot be located. For this reason, collecting a judgment can sometimes be more difficult than obtaining one. Understanding the debtor's financial situation before starting proceedings is always worthwhile.
Before commencing an action, consider whether the defendant has the financial ability to satisfy a judgment. A judgment against an insolvent or bankrupt defendant may be worth very little in practice.
Ontario Small Claims Court: Timeline Overview
How long does a Small Claims Court case take? The answer depends on many factors — whether the defendant files a defence, court scheduling, and the complexity of the dispute. Here is a general timeline for a typical defended matter:
What Does It Cost to Sue Someone in Small Claims Court?
While Small Claims Court is generally more affordable than Superior Court litigation, parties should still consider the full range of potential expenses before commencing an action.
| Expense | Approximate Cost | Recoverable if You Win? |
|---|---|---|
| Filing Fee (infrequent claimant) | $108.00 | Yes |
| Filing Fee (frequent claimant, 10+ claims/year) | $228.00 | Yes |
| Process Server / Service Fees | $75–$250+ | Often |
| Witness Fees | Varies | Partial |
| Paralegal / Lawyer Fees | Varies widely | Partial — limited |
| Enforcement Fees | Varies by method | Often |
Before you file, use our Ontario Small Claims Court Calculator to estimate your total claim, pre-judgment interest, and filing fees — all in one place, at no cost.
Common Mistakes People Make When Suing in Small Claims Court
Many cases are lost not because the claim lacks merit, but because procedural mistakes were made. Understanding these common errors can significantly improve your chances of success.
Using a trade name instead of the corporation's legal name, suing an employee instead of the company, or failing to include all responsible parties can delay or defeat an otherwise valid claim.
Ontario's Limitations Act generally requires lawsuits to be commenced within two years of discovering the claim. Missing this deadline may permanently extinguish your right to sue.
Deleting text messages, not retaining invoices, or failing to photograph damage can undermine a legitimate claim. Preserve all evidence as soon as a dispute arises.
Failing to follow the Rules of the Small Claims Court when serving documents is one of the most common procedural errors. It causes delays and can result in motions by the other side.
Judges assess credibility and focus on facts. Parties who argue, interrupt, or become emotional often undermine their own case — regardless of whether their position has merit.
Trials are time-consuming and expensive. A reasonable settlement often provides a better outcome than years of litigation. Always evaluate settlement offers seriously.
Do You Need a Lawyer for Small Claims Court in Ontario?
No — many people represent themselves successfully in Ontario Small Claims Court. However, legal representation may be beneficial in certain situations.
| Situation | Self-Rep? | Consider Legal Help? |
|---|---|---|
| Simple unpaid invoice, clear documentation | Often fine | Optional |
| Disputed breach of contract, complex facts | Possible | Recommended |
| Multiple parties or counterclaims | Challenging | Strongly recommended |
| Corporate or contractual legal issues | Difficult | Strongly recommended |
| Expert evidence required | Very difficult | Strongly recommended |
| Claim near $50,000 limit | Possible | Recommended |
Lawyers and licensed paralegals can assist with drafting claims, preparing evidence, attending settlement conferences, conducting trials, and enforcing judgments. Even a single legal consultation before filing can help you avoid costly mistakes.
Our Toronto lawyers offer a free 30-minute consultation for Small Claims Court matters. Call us at 416-274-2222 or book online to speak with a lawyer today.
Frequently Asked Questions
Ontario Small Claims Court currently hears claims up to $50,000, excluding interest and costs. If your claim exceeds this amount, you may reduce it to $50,000 and proceed in Small Claims Court, or commence an action in the Superior Court of Justice.
Yes. Many individuals and businesses handle their own claims without retaining a lawyer or paralegal. For more straightforward matters with clear documentation, self-representation is entirely feasible.
It varies. Simple matters that settle early may resolve within a few months. Defended cases that proceed to trial can take 12 to 18 months or longer, depending on court scheduling and the complexity of the dispute.
If the defendant fails to file a defence within 20 days of service, you may apply for default judgment. The court may then award damages without a trial, though you may still need to take steps to enforce the judgment.
A settlement conference is a mandatory meeting before a judge where both parties discuss the possibility of resolving the dispute without going to trial. The judge helps identify issues and encourages settlement, but does not decide the case at this stage.
Yes. In appropriate circumstances, a portion of the debtor's wages can be redirected to you through their employer. Bank accounts may also be subject to garnishment.
Options include wage garnishment, bank account garnishment, writs of seizure and sale, and judgment debtor examinations. The best method depends on the debtor's employment status, assets, and financial situation.
Ontario's Limitations Act, 2002 generally requires lawsuits to be commenced within two years of discovering the claim. Missing this deadline may permanently extinguish your right to sue.
Absolutely. Corporations, partnerships, and sole proprietors regularly use Small Claims Court to recover unpaid invoices and outstanding debts.
Certain decisions may be appealed to the Divisional Court, depending on the circumstances and amount involved. Strict deadlines apply. Legal advice should be obtained promptly if you are considering an appeal.
- Written contracts and agreements
- Invoices and receipts
- Emails and text messages
- Photographs of damage or defective work
- Witness testimony
- Bank records showing payments or non-payment
- Expert reports (where required)
Yes. Prejudgment interest (from the date of the cause of action to the date of judgment) and post-judgment interest may be awarded. Rates are set quarterly under the Courts of Justice Act. Use our Small Claims Court Calculator to estimate your interest amount.