1. What Is Small Claims Court in Ontario?
Ontario’s Small Claims Court is a branch of the Superior Court of Justice that handles disputes involving monetary claims up to $35,000. It provides a simplified, cost-effective way to resolve disputes without requiring extensive legal representation.
2. Monetary Limits for Small Claims Court in Ontario
- Maximum Claim Amount: $35,000 (excluding interest and costs).
- Claims exceeding $35,000 must be filed in a higher court unless you waive the excess amount.
3. Types of Cases Handled in Ontario Small Claims Court
Eligible Cases
- Unpaid debts: Loans, wages, or invoices.
- Property damage: Repairs due to negligence or accidents.
- Breach of contract: Disputes over agreements for goods or services.
- Landlord/tenant issues: Security deposit refunds or minor damages.
Excluded Cases
- Claims exceeding $35,000 (unless reduced).
- Family law disputes (e.g., child custody, divorce).
- Claims requiring injunctive relief.
4. Steps to File a Claim in Ontario Small Claims Court
Step 1: Prepare Your Case
- Gather evidence to support your claim, including:
- Contracts, invoices, or receipts.
- Photos or videos of damages.
- Communication records (emails, texts, or letters).
Step 2: Complete the Plaintiff’s Claim Form
- Obtain the Plaintiff’s Claim (Form 7A) from the Ontario Courts website or the courthouse.
- Fill out the form, providing:
- Your contact information.
- Details about the defendant.
- A clear explanation of the dispute and the amount claimed.
Step 3: File Your Claim
- Submit the completed claim form at your local Small Claims Court.
- Pay the filing fee, which depends on the amount of your claim:
| Claim Amount | Filing Fee |
|---|---|
| Up to $6,000 | $102 |
| $6,001–$35,000 | $215 |
- Filing can be done in person, by mail, or online via the Civil Claims Online Portal.
Step 4: Serve the Defendant
- Serve the defendant with a copy of the claim and supporting documents using an approved method:
- Personal service (delivered in person).
- Mail service (registered mail).
- Service must be completed within 6 months of filing your claim.
Step 5: File Proof of Service
- Submit an Affidavit of Service (Form 8A) to the court to confirm that the defendant was properly served.
Step 6: Attend the Settlement Conference
- Most cases require a settlement conference to explore resolution options before going to trial.
- Bring all evidence and documents to discuss the case with the defendant and a judge.
Step 7: Prepare for Trial (If Necessary)
- If the case isn’t resolved at the settlement conference, it will proceed to trial.
- Present your evidence and witnesses at the trial, and the judge will make a final decision.
5. Costs of Filing a Claim in Ontario Small Claims Court
| Service | Cost |
|---|---|
| Filing a claim | $102–$215 |
| Request for default judgment | $89 |
| Trial fee | $290 |
Additional fees may apply for motions, appeals, or enforcement actions.
6. Benefits of Small Claims Court in Ontario
- Affordable: Lower filing fees and no mandatory legal representation.
- Efficient: Cases are resolved faster than in higher courts.
- Accessible: Simplified procedures designed for self-representation.
7. Challenges and Limitations
- Monetary Cap: Claims exceeding $35,000 must be filed in Superior Court unless waived.
- Enforcement Issues: Winning a case doesn’t guarantee payment; further legal actions may be required to collect.
- Preparation Needed: Self-representation requires thorough preparation and organization.
8. Frequently Asked Questions (FAQs)
1. Can businesses file claims in Ontario Small Claims Court?
Yes, businesses can file claims within the $35,000 limit.
2. What happens if the defendant doesn’t respond?
The court may issue a default judgment in your favor.
3. How long does it take to resolve a case in Small Claims Court?
Most cases are resolved within 6–12 months, depending on complexity and court schedules.
4. Can I appeal a decision?
Yes, appeals can be made to the Divisional Court, but only on specific grounds, such as errors in law.
5. Do I need a lawyer for Small Claims Court in Ontario?
No, the court is designed for self-representation, but consulting a lawyer may help with complex cases.
9. Conclusion
Filing a claim in Ontario Small Claims Court is a practical way to resolve disputes involving amounts up to $35,000. By following the steps outlined above, preparing your case thoroughly, and adhering to court procedures, you can confidently navigate the system and achieve a fair resolution. For more details, visit the Ontario Court Forms website.