1. Introduction to Ontario Small Claims Court
Ontario Small Claims Court is a division of the Superior Court of Justice, designed to handle disputes involving monetary claims up to $35,000. Filing requires specific forms to ensure your case is properly processed.
This guide provides an overview of the forms needed for small claims court in Ontario, how to complete them, and where to file.
2. Common Small Claims Court Forms in Ontario
1. Plaintiff’s Claim (Form 7A)
- Purpose: To start a claim and outline the details of the dispute.
- Details Required:
- Plaintiff’s and defendant’s information (name, address).
- Summary of the claim, amount sought, and supporting details.
2. Defence (Form 9A)
- Purpose: Filed by the defendant to respond to a claim.
- Details Required:
- Explanation for disputing the claim.
- Counterclaim details if applicable.
3. Request to Clerk (Form 9B)
- Purpose: Used for administrative requests, such as noting a defendant in default.
4. Default Judgment (Form 11B)
- Purpose: Request a judgment when the defendant fails to file a defence.
5. Garnishment (Form 20G)
- Purpose: Used to enforce a judgment by garnishing wages or bank accounts.
6. Notice of Motion and Supporting Affidavit (Form 15A)
- Purpose: Filed to request the court’s intervention on specific matters, such as setting aside a judgment.
3. Where to Get Ontario Small Claims Court Forms
- Online: Forms are available for download on the Ontario Court Forms website.
- In Person: Visit your local Small Claims Court office.
4. How to Complete and File the Forms
Step 1: Download the Required Form
- Use the Ontario Court Forms website or collect the form in person.
Step 2: Fill Out the Form
- Provide clear and accurate information.
- Attach supporting documents (e.g., receipts, contracts, photos).
Step 3: File the Form
- In Person: Submit forms at your local Small Claims Court office.
- Online: Use the Civil Claims Online platform if applicable.
Step 4: Pay the Filing Fee
- Filing fees vary depending on the claim amount:
- Claims up to $12,500: $102.
- Claims over $12,500: $215.
5. Preparing for Court
Once your forms are filed:
- Serve the Defendant: Provide them with a copy of the filed claim.
- Gather Evidence: Organize documents and witnesses for your hearing.
- Follow Court Deadlines: Ensure all forms are submitted on time.
6. Frequently Asked Questions
Q1: Can I file my small claim online in Ontario?
Yes, Ontario offers an online filing system called Civil Claims Online for small claims cases.
Q2: What happens if the defendant doesn’t respond?
If the defendant doesn’t file a defence within 20 days, you can request a default judgment using Form 11B.
Q3: Can I amend my claim after filing?
Yes, you can amend your claim by filing a Motion to Amend (Form 15A).
Q4: Do I need to hire a lawyer for small claims court?
No, small claims court is designed for self-representation, but you can consult a lawyer or paralegal if needed.
Q5: Where can I find help completing the forms?
Court clerks, community legal clinics, and online resources can provide guidance.
7. Conclusion
Understanding and correctly filing the necessary forms is crucial to successfully navigating Ontario Small Claims Court. By using the appropriate forms, meeting deadlines, and providing clear documentation, you can efficiently manage your case and work toward a resolution.
Leave a Reply