1. What Is a Statement of Claim in Ontario Small Claims Court?
A Statement of Claim is a legal document used to start a case in Ontario’s Small Claims Court. It outlines the plaintiff’s claim against the defendant, including the amount of money being sought and the reasons for the claim.
Ontario’s Small Claims Court handles disputes involving claims of up to $35,000, making it a cost-effective and accessible venue for resolving civil disputes.
2. When to File a Statement of Claim
You can file a statement of claim for cases involving:
- Unpaid debts: Loans, invoices, or wages.
- Property damage: Repairs, negligence, or vehicle accidents.
- Breach of contract: Non-fulfillment of services or agreements.
- Landlord/tenant disputes: Security deposit issues.
3. How to File a Statement of Claim in Ontario
Step 1: Obtain the Required Form
The main form to file is the Plaintiff’s Claim (Form 7A). You can access this form:
- Online via the Ontario Courts website.
- At your local Small Claims Court office.
Step 2: Complete the Form
Include the following details:
- Plaintiff’s Information: Your name, address, and contact details.
- Defendant’s Information: Name and address of the individual or business you are suing.
- Claim Amount: The total amount you are seeking, including damages, interest, and costs.
- Reason for the Claim: A clear explanation of the dispute, including key dates, events, and evidence.
Step 3: Gather Supporting Documents
Attach copies of relevant documents, such as:
- Contracts, invoices, or receipts.
- Photographs of damages.
- Correspondence, such as emails or letters.
Step 4: File the Statement of Claim
- Submit the completed form and supporting documents to your local Small Claims Court.
- You can file:
- In person at the court office.
- Online using the Small Claims Court E-Filing Service.
Step 5: Pay the Filing Fee
The fee depends on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $7,500 | $102 |
| $7,501–$35,000 | $215 |
Step 6: Serve the Defendant
- Notify the defendant by serving them a copy of the filed claim.
- Accepted methods:
- Personal Service: Delivered by a third party aged 18 or older.
- Registered Mail: Sent to the defendant’s address.
- File an Affidavit of Service (Form 8A) with the court to confirm service.
Step 7: Wait for the Defendant’s Response
- The defendant has 20 days to file a defense.
- If they fail to respond, you can request a default judgment.
4. Costs Associated with Filing a Statement of Claim
| Service | Cost |
|---|---|
| Filing the Plaintiff’s Claim | $102–$215 |
| Serving the Defendant | $20–$50 |
| Default Judgment Request | $89 |
5. Tips for Filing a Statement of Claim
- Be Precise: Clearly describe your claim, including all relevant details and evidence.
- File Within Time Limits: Claims must be filed within Ontario’s statute of limitations, typically 2 years from the date of the incident.
- Organize Documents: Attach all necessary supporting documents to strengthen your case.
- Consider Mediation: Small Claims Court encourages mediation to settle disputes without a trial.
Frequently Asked Questions (FAQs)
1. Can I file a statement of claim online in Ontario?
Yes, you can file your claim using the Small Claims Court E-Filing Service.
2. What happens if the defendant doesn’t respond?
If the defendant fails to respond within 20 days, you can request a default judgment, allowing the court to rule in your favor.
3. Can I amend my statement of claim?
Yes, you can amend the claim before the trial with the court’s permission.
4. How long does it take to resolve a small claims case?
The timeline varies but typically ranges from a few months to a year, depending on case complexity and court availability.
5. Can I hire a lawyer for Small Claims Court?
While Small Claims Court is designed for self-representation, you can hire a lawyer or paralegal for assistance.
Conclusion
Filing a statement of claim in Ontario Small Claims Court is a straightforward process that allows you to resolve disputes involving amounts up to $35,000. By following the steps outlined here and preparing thoroughly, you can navigate the process confidently and work toward a fair resolution. For more details, visit the Ontario Courts website or contact your local Small Claims Court office.
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