1. Introduction to Ontario Small Claims Court
Ontario Small Claims Court is part of the Superior Court of Justice and provides a simplified process for resolving disputes involving monetary claims up to $35,000. It is designed to be accessible for individuals and businesses, with most cases handled without the need for a lawyer.
This guide covers the process of filing a claim, defending a claim, and navigating the court procedures effectively.
2. What Types of Cases Can Be Filed in Ontario Small Claims Court?
You can file a claim for:
- Unpaid Debts: Recovery of money owed for loans or services rendered.
- Breach of Contract: Disputes over agreements not fulfilled by one party.
- Property Damage: Compensation for repairs or replacement costs.
- Landlord-Tenant Disputes: Issues involving security deposits or unpaid rent (outside of Residential Tenancies Act matters).
3. Monetary Limits
- Maximum Claim Amount: $35,000.
- Claims exceeding this amount must be reduced to fit the limit or filed in the Superior Court of Justice.
4. How to File a Claim in Ontario Small Claims Court
Step 1: Gather Information and Evidence
- Full details of the dispute, including dates, amounts, and key facts.
- Contracts, receipts, invoices, or any supporting documentation.
Step 2: Complete the Plaintiff’s Claim Form (Form 7A)
- Provide your information and the defendant’s details.
- Clearly state the nature of the claim and the amount you are seeking.
Step 3: File Your Claim
- Submit the completed claim form to the Small Claims Court office in your jurisdiction.
- Filing can be done:
- In Person: Visit the court clerk’s office.
- Online: Through the Civil Claims Online Portal.
Step 4: Pay the Filing Fee
- Claims up to $12,500: $102.
- Claims over $12,500: $215.
Step 5: Serve the Defendant
- Notify the defendant by delivering a copy of the claim.
- Acceptable methods include personal service or registered mail.
5. Defending a Claim
If you are the defendant, you must:
- Review the Plaintiff’s Claim: Understand the allegations and the amount being claimed.
- File a Defence Form (Form 9A): Provide your response, including reasons for disputing the claim.
- Submit the Defence Form: File it with the court and serve the plaintiff within 20 calendar days of receiving the claim.
6. Preparing for Court
Gather Evidence
- Contracts, emails, photos, and any documentation supporting your case.
Arrange Witnesses
- Bring individuals who can testify on your behalf if applicable.
Prepare Your Argument
- Draft a clear and concise explanation of your case, focusing on key facts and evidence.
7. The Court Hearing
What to Expect:
- The plaintiff presents their case first, followed by the defendant.
- Both parties may provide evidence and call witnesses.
- The judge reviews the case and issues a decision, often on the same day or within a few weeks.
8. Enforcing a Judgment
If you win and the defendant doesn’t pay voluntarily, you can take steps to enforce the judgment:
- Garnishment: Seizing funds from the defendant’s bank account or wages.
- Seizure of Assets: Arranging for the sale of the defendant’s property.
- Writ of Execution: A court order to enforce the judgment.
9. Filing Fees and Costs
| Claim Amount | Filing Fee | Defence Fee |
|---|---|---|
| Up to $12,500 | $102 | No fee |
| Over $12,500 | $215 | No fee |
| Notice of Motion | $120 | – |
10. Frequently Asked Questions
Q1: Can I file a claim online in Ontario Small Claims Court?
Yes, the Civil Claims Online Portal allows you to file claims and manage cases online.
Q2: Do I need a lawyer for Small Claims Court?
No, Small Claims Court is designed for self-representation, though you may hire a lawyer or paralegal for assistance.
Q3: How long does it take to resolve a case?
Cases are typically resolved within 6–12 months, depending on complexity and court schedules.
Q4: What happens if the defendant doesn’t respond?
If the defendant fails to file a defence, you may request a default judgment.
Q5: Can I appeal the court’s decision?
Yes, decisions can be appealed to the Divisional Court, but only on legal grounds, not factual disputes.
11. Conclusion
Ontario Small Claims Court provides an efficient way to resolve disputes involving claims up to $35,000. By understanding the process, filing the necessary forms, and preparing your case thoroughly, you can navigate the court system effectively and achieve a fair resolution.
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