Introduction
Small claims court in Ontario is part of the Superior Court of Justice and is designed to handle disputes involving monetary amounts of up to CAD $35,000. It provides a straightforward and affordable way for individuals and businesses to resolve issues such as unpaid debts, property damage, or breaches of contract.
This guide outlines the process of filing and resolving cases in Ontario’s small claims court, from eligibility to judgment enforcement.
1. What Is Small Claims Court in Ontario?
Small claims court in Ontario handles civil cases involving smaller monetary disputes. It is ideal for straightforward cases that don’t require extensive legal procedures, making it accessible to individuals without legal expertise.
2. Claim Limit in Ontario Small Claims Court
The maximum monetary limit for a case in Ontario small claims court is CAD $35,000.
- If your claim exceeds this amount, you can:
- Reduce your claim to fit the limit.
- File the case in a higher court.
3. Types of Cases Handled
Small claims court in Ontario typically addresses:
- Unpaid Debts: Recovering money owed for loans, goods, or services.
- Property Damage: Compensation for damages caused by negligence or accidents.
- Breach of Contract: Resolving disputes over unfulfilled agreements.
- Consumer Complaints: Cases involving defective products or unsatisfactory services.
4. Steps to File a Claim in Ontario
Step 1: Prepare Your Case
- Identify the legal name and address of the defendant.
- Gather evidence, such as contracts, receipts, photos, or emails.
Step 2: Complete the Required Forms
- Obtain and fill out the Plaintiff’s Claim (Form 7A), which includes:
- Your name and contact details.
- The defendant’s name and address.
- A clear explanation of your claim and the amount sought.
Step 3: File Your Claim
- File the completed form at the local small claims court office where the defendant resides or where the dispute occurred.
- Pay the filing fee (see section 5 for details).
Step 4: Serve the Defendant
- Deliver a copy of the claim to the defendant using an approved method, such as:
- Personal Service: Hand-delivered by a third party.
- Mail Service: Sent by registered mail with proof of delivery.
Step 5: File Proof of Service
- Submit an Affidavit of Service (Form 8A) to the court to confirm the defendant has been served.
5. Filing Fees in Ontario Small Claims Court
| Action | Fee (CAD) |
|---|---|
| Filing a Plaintiff’s Claim | $102 |
| Filing a Defendant’s Claim (Counterclaim) | $102 |
| Requesting a Trial Date | $290 |
| Enforcement Actions (e.g., garnishments) | $130 |
6. Preparing for the Hearing
Gather Evidence
- Organize all relevant documents, photos, and correspondence.
Arrange Witnesses
- If applicable, arrange for witnesses who can testify on your behalf.
Practice Your Presentation
- Prepare a concise and clear explanation of your case, focusing on the facts.
7. What to Expect on the Hearing Date
- Check In: Arrive early and check in with the court clerk.
- Present Your Case: Explain your position, provide evidence, and call witnesses if needed.
- Defendant’s Turn: The defendant will present their side of the case.
- Judge’s Decision: The judge may issue a ruling immediately or notify both parties later.
8. Collecting a Judgment
If the court rules in your favor and the defendant doesn’t pay voluntarily, you can take steps to enforce the judgment:
- Garnishment: Request funds from the defendant’s bank account or wages.
- Seizure of Property: Obtain a court order to seize and sell the defendant’s assets.
- Lien Registration: File a lien against the defendant’s property.
9. Frequently Asked Questions
1. What is the monetary limit for small claims in Ontario?
The limit is CAD $35,000.
2. Can I file a claim online in Ontario?
Yes, Ontario allows online filing through the Small Claims Court E-Filing Service Portal for certain claims.
3. How long does it take to resolve a small claim?
Most cases are resolved within 6–12 months, depending on the complexity and court schedule.
4. Can I represent myself in Ontario small claims court?
Yes, small claims court is designed for self-representation, though you can hire a paralegal or lawyer if needed.
5. Can I appeal a decision in small claims court?
Yes, appeals must be filed within 30 days of the judgment and are heard in the Divisional Court.
6. What happens if the defendant doesn’t respond to my claim?
If the defendant doesn’t file a defense, you can request a default judgment in your favor.
10. Conclusion
Small claims court in Ontario offers a practical and cost-effective way to resolve disputes involving sums up to CAD $35,000. By understanding the filing process, preparing your case thoroughly, and following court procedures, you can confidently navigate the system and seek justice. Whether addressing unpaid debts, property damage, or contractual disputes, Ontario’s small claims court provides an accessible platform for resolution.