1. What Is a Statement of Claim in Ontario Small Claims Court?
The Statement of Claim is the primary document filed by a plaintiff to start a case in Ontario’s Small Claims Court. It outlines the details of the dispute, the amount claimed, and the reasons behind the claim. Filing this form officially begins the legal process and notifies the defendant of the lawsuit.
2. Monetary Limits in Ontario Small Claims Court
- The maximum amount you can claim in Small Claims Court in Ontario is $35,000, excluding court fees and interest.
- Claims exceeding this limit must be filed in the Ontario Superior Court of Justice.
3. Common Types of Claims
- Unpaid invoices or debts.
- Property damage disputes (e.g., vehicle accidents).
- Breach of contract issues.
- Landlord-tenant disputes (e.g., unreturned deposits).
- Disputes over goods or services.
4. Steps to File a Statement of Claim in Ontario Small Claims Court
Step 1: Obtain the Forms
- The primary form required is the Plaintiff’s Claim (Form 7A), available online at the Ontario Courts website or at your local courthouse.
Step 2: Complete the Statement of Claim (Form 7A)
The form requires the following details:
- Plaintiff’s Information: Your name, address, and contact details.
- Defendant’s Information: Full name, address, and business information (if applicable).
- Claim Description:
- A clear explanation of the dispute.
- The amount being claimed.
- Key facts supporting your claim, including dates and events.
Example Claim Description:
“The defendant owes me $5,000 for unpaid invoices issued on March 1, 2023, and April 15, 2023. Copies of the invoices and payment requests are attached.”
Step 3: Attach Supporting Documents
Include copies of evidence supporting your claim, such as:
- Contracts or agreements.
- Invoices or payment records.
- Photos or videos (if applicable).
- Correspondence, such as emails or text messages.
Step 4: Calculate Court Fees and Interest
- Filing fees depend on the amount of the claim:
- Up to $12,500: $102 filing fee.
- Over $12,500: $215 filing fee.
Interest can also be added based on Ontario’s pre-judgment interest rates. Use the Ministry of the Attorney General’s calculator to determine interest.
Step 5: File the Statement of Claim
- File the completed Form 7A and attachments at the Small Claims Court in the jurisdiction where:
- The defendant resides or conducts business.
- The dispute occurred.
- You can file:
- In Person: At your local courthouse.
- Online: Through Ontario’s Civil Claims Online Portal.
Step 6: Serve the Defendant
- After filing, serve the Statement of Claim on the defendant. Acceptable methods include:
- Personal Service: Delivered by an individual over 18 (not you).
- Mail Service: Sent via registered mail with proof of receipt.
You must file an Affidavit of Service (Form 8A) with the court to confirm the defendant has been properly served.
5. Preparing for the Hearing
Organize Evidence
- Gather and organize all documents, photos, and witness statements supporting your claim.
Arrange Witnesses
- Ensure witnesses are available to testify if needed.
Practice Your Argument
- Rehearse a concise explanation of your claim, focusing on the facts and evidence.
6. What Happens After Filing the Statement of Claim?
Defendant’s Response
- The defendant has 20 calendar days to respond by filing a Defence (Form 9A).
- If no response is filed, you can request a default judgment.
Pre-Trial Settlement Conference
- The court may schedule a settlement conference to encourage resolution before a trial.
Trial Hearing
- If no settlement is reached, both parties present their cases at a trial, and the judge issues a decision.
7. Frequently Asked Questions
Q1: Can I amend my Statement of Claim after filing?
Yes, you can file an Amended Plaintiff’s Claim but may need court approval if the amendment significantly changes the claim.
Q2: Do I need a lawyer to file a Statement of Claim?
No, Small Claims Court is designed for self-representation. However, legal advice can be helpful.
Q3: What if the defendant doesn’t show up?
You can request a default judgment in your favor if the defendant fails to respond or attend the hearing.
Q4: How long does the process take?
Most cases are resolved within 6–12 months, depending on court schedules and complexity.
Q5: Can I file a claim against multiple defendants?
Yes, list all defendants and their details on the Statement of Claim form.
8. Tips for Filing a Successful Statement of Claim
- Be Precise: Clearly describe the dispute and your reasons for the claim.
- Organize Evidence: Ensure all documents and proof are in order before filing.
- File Promptly: Ensure your claim is within Ontario’s 2-year limitation period for most cases.
- Understand the Rules: Familiarize yourself with Ontario’s Small Claims Court procedures.
- Consider Mediation: Many disputes can be resolved through mediation without going to trial.
9. Conclusion
Filing a Statement of Claim in Ontario Small Claims Court is a straightforward process designed to help individuals and businesses resolve disputes efficiently. By completing the required forms accurately and preparing thoroughly, you can navigate the process with confidence and work toward a fair outcome.