How to File a Small Claims Court Claim in Ontario: A Complete Step-by-Step Guide

Last updated: July 2026

If someone owes you money, breached a contract, damaged your property or caused you a financial loss, you may be wondering how to file a Small Claims Court claim in Ontario.

In general, the process involves determining whether Small Claims Court is the correct forum, confirming that you are within the applicable limitation period, identifying the correct defendant, gathering evidence, completing a Plaintiff’s Claim, filing it with the proper court office and arranging for the defendant to be served.

That is only the beginning.

Many people assume that filing a lawsuit is the hardest part. In practice, preparing persuasive evidence, calculating damages accurately, meeting deadlines, serving documents correctly and collecting a judgment can be just as important.

Ontario Small Claims Court is intended to be more accessible and less formal than other forms of civil litigation, but it is still a court. The parties must comply with the applicable legislation, court rules and procedural requirements. Filing a claim also does not guarantee that the plaintiff will win or recover the money claimed.

This guide explains the Small Claims Court Ontario process in plain English, including what to consider before filing, which forms may be required, how service works, what happens at a settlement conference and how a successful judgment may be enforced.

Depending on the circumstances and the services agreed upon in a retainer, J. Solomon Law may assist individuals and businesses with Ontario Small Claims Court claims and defences. The availability and suitability of legal services depend on the facts of the matter, the applicable law and the firm’s ability to accept the file.

What Is Ontario Small Claims Court?

Small Claims Court is a branch of the Ontario Superior Court of Justice. It hears certain civil disputes involving claims for money or the return of personal property within the court’s monetary jurisdiction.

Common examples include:

Unpaid invoices
Breach-of-contract claims
Unpaid loans
Property damage
Defective goods or services
Consumer disputes
Construction and contractor disputes
Business-to-business payment disputes
Claims involving the recovery of personal property
Certain employment-related contractual claims

Certain claims connected to a tenancy may proceed in Small Claims Court, but many residential landlord and tenant disputes fall within the exclusive jurisdiction of the Landlord and Tenant Board. The correct forum depends on the nature of the dispute, the remedy being requested and, in some cases, whether the tenancy has ended.

Small Claims Court generally uses simpler procedures than an ordinary action in the Superior Court of Justice. However, the claim must still be supported by admissible evidence and comply with the Rules of the Small Claims Court.

A dispute that does not fall within Small Claims Court’s jurisdiction may need to proceed through another court, tribunal or statutory process. J. Solomon Law also provides civil litigation services in matters that fall within the services offered by the firm.

What Is the Current Small Claims Court Limit in Ontario?

Ontario Small Claims Court currently hears claims for money or the recovery of personal property valued at up to $50,000, excluding interest and costs.

The limit increased from $35,000 to $50,000 on October 1, 2025. It may change again through future legislative or regulatory amendments.

If the value of your claim is more than $50,000, you may need to commence a civil action in the Superior Court of Justice instead.

In some cases, a claimant may choose to abandon the portion of the claim above the Small Claims Court limit so the matter can proceed in Small Claims Court. That decision should be made carefully because abandoning part of a claim can prevent the claimant from pursuing the excess amount later.

The amount claimed is not the only factor that determines the correct forum. Some disputes fall within the exclusive jurisdiction of another court, tribunal or statutory process. Others—including certain employment-related claims—may belong in Small Claims Court depending on the remedy sought and the specific facts.

Does Your Claim Belong in Small Claims Court?

Before beginning a Small Claims Court lawsuit in Ontario, consider the following questions:

Are you seeking money or the return of personal property?
Is the value of the claim no more than $50,000?
Does another court or tribunal have exclusive jurisdiction?
Are you still within the applicable limitation period?
Can you identify the correct person or legal entity to sue?
Do you have evidence supporting both liability and damages?
Is the defendant likely to have income or assets available to satisfy a judgment?
Would negotiation or mediation be more efficient?

Family law proceedings, criminal charges and bankruptcy proceedings do not become Small Claims Court cases merely because money is involved. Other disputes may be assigned by law to a specialized tribunal or process.

Starting a case in the wrong forum can result in delay, added expense or dismissal of the proceeding. Where jurisdiction is uncertain, legal advice before filing may prevent a costly procedural mistake.

Where Should You File a Small Claims Court Claim in Ontario?

Choosing the right court is not only about selecting Small Claims Court. You must also determine the proper court location.

Under the Rules, the appropriate location may depend on factors such as:

Where the cause of action arose
Where the defendant lives
Where the defendant carries on business
Whether another connecting factor recognized by the Rules applies

For example, a dispute may be connected to the location where a contract was performed, where services were supplied, where property was damaged or where the defendant resides or operates a business.

The correct location depends on the circumstances. Filing in the wrong location can lead to a request or order transferring the proceeding, resulting in additional cost and delay.

Do not select a courthouse only because it is closest to you. Confirm that the location has a legally sufficient connection to the claim.

Should You Negotiate Before Filing?

Not every dispute needs to become a lawsuit.

Before deciding how to sue someone in Ontario, consider sending a clear written demand that identifies:

What happened
Why you believe the other party is responsible
The amount or remedy requested
How the amount was calculated
A reasonable deadline for responding
What may happen if the dispute is not resolved

Depending on the case, direct negotiation or mediation may produce a faster and less expensive result.

Early resolution can:

Reduce court and representation costs
Preserve an ongoing business relationship
Provide more flexible payment terms
Avoid uncertainty at trial
Save time and stress
Address issues that a court judgment may not fully resolve

Communications made during settlement discussions may have legal consequences. Care should also be taken when making formal settlement offers because the Rules may affect how an offer is considered when costs are decided.

Before You File: Practical Checklist

Before starting a civil claim in Ontario, work through this checklist:

Determine whether Small Claims Court is the correct court or tribunal.
Confirm the correct Small Claims Court location.
Identify the applicable limitation period.
Determine the defendant’s full and correct legal name.
Gather contracts, invoices, receipts, emails, texts, photographs and other evidence.
Identify witnesses with first-hand knowledge.
Calculate the principal damages carefully.
Separate damages from interest, fees and potential legal costs.
Consider whether you took reasonable steps to limit your losses.
Assess whether the defendant is likely to be able to pay a judgment.
Consider negotiation or mediation before filing.
Complete the correct court forms.
File the Plaintiff’s Claim.
Arrange proper service on every defendant.
Complete and retain proof of service.
Record all court deadlines.
Prepare for the settlement conference.
Organize evidence and witnesses for trial.
Understand potential enforcement options before incurring further expense.

Consider collectability before starting

A legally strong claim is not always economically practical.

Before paying filing fees and investing time in the case, consider whether the proposed defendant:

Has known employment income
Operates an active business
Has an identifiable bank account
Owns property or other available assets
Is insolvent
Is bankrupt or subject to a consumer proposal
Is a dissolved or inactive corporation

The court decides whether money is owed. It does not guarantee that the defendant has the means to pay.

What Evidence Should You Gather Before Filing?

A persuasive claim usually begins with organized evidence.

Depending on the dispute, relevant evidence may include:

Written contracts
Quotes, estimates and purchase orders
Invoices and account statements
Receipts
Emails
Text messages
Letters and demand notices
Photographs and videos
Bank records
E-transfer or payment records
Repair estimates
Inspection records
Expert reports
Witness statements or contact information
Notes made at the time of important events

Try to organize the documents chronologically. Create a timeline showing what happened, when it happened, who was involved and which document supports each important event.

A large volume of documents is not necessarily better. The strongest evidence is relevant, reliable and connected to an issue the court must decide.

You should also preserve original files where possible. Screenshots, edited extracts or partial conversations may be challenged if they remove important context.

Step-by-Step: How to File a Small Claims Court Claim in Ontario

Step 1: Confirm the Limitation Period

Ontario’s basic limitation period is generally two years from the date the claim was discovered, subject to important exceptions.

Under the Limitations Act, 2002, a claim is commonly considered discovered when the claimant knew—or reasonably should have known—that:

A loss, injury or damage had occurred
It was caused or contributed to by an act or omission
The proposed defendant was responsible for that act or omission
A court proceeding would be an appropriate way to seek a remedy

The limitation period does not necessarily begin on the date of the original transaction. Discovery can depend on when the claimant knew or should have known the legally important facts.

Different limitation rules or exceptions may apply in certain circumstances, including claims involving minors, incapacity, acknowledgments of debt, undiscovered claims or specialized legislation.

Missing a limitation period may prevent an otherwise valid claim from proceeding. When the deadline is unclear or approaching, obtain legal advice promptly rather than assuming more time is available.

Step 2: Identify the Correct Defendant

The Plaintiff’s Claim must name the correct person or legal entity.

Determine whether the proposed defendant is:

An individual
A sole proprietor
A partnership
An Ontario corporation
A federal corporation
A public authority or other organization
One of several potentially responsible parties

A business’s advertising name may not be its legal name. For example, a contractor may use a brand name while legally operating as an individual, numbered company or corporation with a different registered name.

A corporate-profile or business-name search may be appropriate before filing. You may also need to review the contract, invoice, corporate records, website terms or payment information to determine who actually entered the agreement.

This matters because a judgment against the wrong person or a non-existent business name may be difficult—or impossible—to enforce, even when the underlying complaint is legitimate.

Step 3: Calculate the Amount Claimed

Explain how every part of the amount claimed was calculated.

Depending on the case, the principal claim may include:

An unpaid invoice
An outstanding loan balance
Repair or replacement costs
A contractual payment
A refund
Lost income supported by evidence
Reasonable out-of-pocket expenses
The value of damaged or unreturned property

Distinguish the principal damages from:

Prejudgment interest
Court filing fees
Allowable disbursements
Legal or paralegal costs
Enforcement expenses

Avoid including speculative, exaggerated or unsupported amounts. The plaintiff bears the burden of proving the losses claimed.

The duty to mitigate damages

A claimant is generally expected to take reasonable steps to limit avoidable losses. This is known as the duty to mitigate.

For example, a party may not be able to recover losses that could reasonably have been prevented by arranging a timely repair, seeking replacement work or taking another proportionate step.

Mitigation does not require unreasonable expense or extraordinary action. It does mean that a claimant should not allow preventable losses to accumulate and expect the defendant to pay all of them.

Step 4: Complete Form 7A—Plaintiff’s Claim

A Small Claims Court action is generally commenced by filing a Plaintiff’s Claim in Form 7A.

The official Form 7A: Plaintiff’s Claim asks for information including:

The names and contact information of the parties
The amount or property claimed
The material facts supporting the claim
Where and when the events occurred
The remedy being requested

The claim should clearly explain what happened without becoming an unstructured history of the entire dispute.

Include the important facts needed to establish:

What obligation existed
What the defendant did or failed to do
How that conduct caused the loss
What amount or order is requested

Relevant supporting documents should be attached where appropriate. These may include the contract, invoice, written demand, payment record or other central evidence.

The complete collection of current Small Claims Court forms in Ontario is available through Ontario Court Services.

Step 5: File the Claim and Pay the Required Fee

Once Form 7A and the supporting documents are ready, the claim must be filed with the correct Small Claims Court office.

Documents may currently be filed through available methods that include:

Online filing
Filing by mail
Filing in person

Email filing is available only in limited circumstances. The accepted method can depend on the document and the stage of the proceeding.

Ontario provides an online service for filing many Small Claims Court documents. The online system can be used for many steps through default proceedings, but users should confirm that their document and circumstances are eligible.

A filing is not necessarily complete merely because a document was uploaded or sent. Retain the court’s confirmation and the issued claim.

Court fees apply unless a fee waiver has been approved. Fees and filing systems can change, so confirm the current requirements before submission.

Step 6: Serve the Issued Claim

Filing the Plaintiff’s Claim does not ordinarily mean that the court serves it for you.

The plaintiff is generally responsible for arranging service on every defendant in accordance with the Rules.

A Plaintiff’s Claim must generally be served within six months after it is issued, unless the court orders otherwise. Waiting until the end of that period creates unnecessary risk.

The method of service depends on whether the defendant is:

An individual
A corporation
A partnership or sole proprietorship
A municipality
The Crown or another public body
Represented by a lawyer or paralegal authorized to accept service

The official Ontario guide to serving Small Claims Court documents explains the permitted methods and should be reviewed before attempting service.

After service, the person who served the document will usually complete Form 8A: Affidavit of Service. This records who was served, when service occurred, where it occurred and how it was completed.

Improper service can delay the case and may prevent the plaintiff from having the defendant noted in default. Keep detailed proof rather than relying on an informal assumption that the defendant received the paperwork.

How Much Does It Cost to File a Small Claims Court Claim?

The cost of a Small Claims Court case depends on how far the proceeding advances and the evidence required.

Potential expenses include:

The initial filing fee
Fees for additional court steps
Process-server fees
Motion fees
Trial-scheduling fees
Witness expenses
Expert reports
Legal or paralegal fees
Printing and document-preparation costs
Enforcement fees after judgment

Court fees are prescribed by Ontario regulation and can change. Check current official fee information before filing rather than relying on an older article or saved fee schedule.

A person who cannot afford court fees may qualify for a fee waiver, depending on Ontario’s eligibility requirements.

Winning does not normally mean recovering every dollar spent on representation or preparation. The court has authority to award costs, but cost recovery is subject to the Rules, legislation and the court’s discretion.

Before filing, compare the likely expense and effort of the case with the amount in dispute and the realistic possibility of collection.

What Happens After the Defendant Is Served?

A defendant who intends to dispute the case generally has 20 days after being served to serve and file a Defence.

The defendant normally responds using Form 9A: Defence. The Defence may:

Admit the entire claim
Admit part of the claim
Dispute liability
Dispute the amount claimed
Raise additional facts or legal defences
Propose payment terms

The defendant may also bring a related claim using Form 10A: Defendant’s Claim, where permitted.

After a Defence is filed, the court will generally schedule a settlement conference. The parties must continue monitoring court notices and complying with deadlines.

A Defence should not be treated as proof that the plaintiff’s case is weak. It identifies the issues that will need to be resolved through settlement or adjudication.

What Happens If No Defence Is Filed?

If the defendant does not serve and file a Defence within the required time, the plaintiff may ask to have the defendant noted in default.

Default does not necessarily mean that the plaintiff automatically receives everything requested.

The next step may depend on the type of claim:

A liquidated claim involves a fixed or readily calculable amount, such as a specific unpaid invoice or loan balance.
An unliquidated claim requires the court to assess damages, such as certain property-loss or compensation claims.

The court may require an affidavit, supporting records, an assessment hearing or other evidence establishing liability and the amount of damages.

Even where the defendant has not responded, the plaintiff must follow the proper default procedure and may still need to prove the claim. Defective service can prevent default proceedings from moving forward.

What Happens at a Settlement Conference?

A settlement conference is an important stage in the Small Claims Court Ontario process.

It is generally conducted by a deputy judge and gives the parties an opportunity to:

Discuss settlement
Clarify the disputed issues
Identify necessary evidence
Narrow the issues for trial
Address procedural concerns
Explore payment arrangements
Receive feedback about the case

The deputy judge conducting the conference generally does not decide the entire dispute at that stage unless the parties consent to an order or another legal basis permits it.

At least 14 days before the settlement conference, parties are generally required to serve and file their list of proposed witnesses and supporting documents, subject to the applicable Rules and court directions.

What should you prepare?

Arrive with:

A clear settlement position
The key contracts, invoices and communications
A concise chronology
A damages calculation
A list of proposed witnesses
An understanding of the strongest and weakest parts of the case
Realistic payment terms you would accept
Responses to the main allegations in the Defence
Authority to settle if attending for a corporation or another party

A settlement conference is not merely an administrative appointment. It may be the best opportunity to resolve the dispute without the cost and uncertainty of trial.

How to Prepare for a Small Claims Court Trial

If the case does not settle, it may proceed to trial before a deputy judge.

The plaintiff bears the burden of proving the claim on a balance of probabilities. In plain English, the plaintiff must show that their version of the important events is more likely than not.

The court does not decide the case based on who appears more upset or who makes the strongest accusation. It decides the case based on the evidence, applicable law and credibility of the witnesses.

Prepare your documents

Consider preparing:

A one-page chronology
A numbered document or exhibit list
A damages summary
Organized copies of important records
Original documents where required
The key correspondence in chronological order
Responses to the main points in the Defence
Technical or expert evidence where necessary

Prepare your witnesses

Create:

A witness list
A summary of what each witness personally knows
Questions for each witness
A plan for addressing inconsistent evidence
Any required summonses well before trial

Witnesses should generally testify about facts they personally saw, heard or did. A witness who only repeats what someone else said may face hearsay objections or reduced evidentiary weight.

Understand evidence and legal argument

Evidence and legal submissions serve different purposes.

Evidence proves what happened. It includes testimony, contracts, photographs, invoices and other admissible records.

Legal submissions explain why the proven facts support the result requested.

A strong argument cannot replace missing evidence. Similarly, presenting documents without explaining their relevance may leave the court unable to connect them to the issues.

What Happens After Judgment?

The deputy judge may give a decision at the end of the trial or reserve the decision and release it later.

A judgment may address:

The principal amount awarded
Interest
Return of personal property
Court costs
Allowable disbursements
Payment terms

A party who disagrees with the outcome may have limited appeal or review options. Strict deadlines can apply, and not every disagreement creates a valid ground of appeal.

How Do You Enforce a Small Claims Court Judgment?

Winning does not guarantee voluntary payment.

If the debtor does not comply with the judgment, the creditor may need to take additional enforcement steps.

Depending on the available information and the debtor’s circumstances, options may include:

Garnishing employment income
Garnishing money held in a bank account
Filing a writ of seizure and sale
Requesting an examination of the debtor
Using other enforcement procedures permitted by law

A judgment-debtor examination can help obtain information about income, bank accounts, assets and the debtor’s ability to pay.

Each enforcement step requires additional documents, fees and legal requirements. Enforcement may be difficult where the debtor has no employment income, no accessible assets, is insolvent or is protected by bankruptcy or insolvency legislation.

Before pursuing enforcement, consider whether the likely recovery justifies the cost.

Common Small Claims Court Mistakes Plaintiffs Make

Common mistakes include:

Filing in the wrong court or tribunal
Filing at the wrong court location
Missing the limitation period
Naming the wrong person or business
Failing to conduct a corporate or business-name search
Claiming unsupported or speculative damages
Failing to mitigate losses
Using unclear or incomplete pleadings
Missing the six-month service deadline
Serving the defendant incorrectly
Failing to complete an Affidavit of Service
Missing the defendant’s default or other procedural deadlines
Disclosing evidence too late
Arriving at the settlement conference without authority to settle
Bringing unprepared witnesses to trial
Confusing allegations with evidence
Ignoring reasonable settlement opportunities
Assuming a judgment guarantees payment
Filing without considering collectability

Procedural errors do not always end a case, but correcting them can increase delay, expense and risk.

Do You Need a Lawyer or Paralegal for Small Claims Court?

You are not required to retain a lawyer or paralegal to appear in Ontario Small Claims Court. Individuals may represent themselves, and corporations may be represented in accordance with the applicable court rules.

Professional legal assistance may nevertheless be useful where:

The claim is close to the $50,000 monetary limit
The other party has legal representation
Liability is strongly disputed
Several parties may be responsible
The defendant has filed a Defendant’s Claim
The limitation period is uncertain
A corporation or complex contract is involved
Expert evidence may be necessary
The damages are difficult to calculate
A settlement offer requires careful evaluation
A judgment may be difficult to enforce

The type of assistance available depends on the circumstances, the legal professional’s permitted scope of practice and the terms of the retainer.

A lawyer or paralegal may, where appropriate, assist with a specific stage of the proceeding rather than the entire case. This is sometimes called a limited-scope retainer. Depending on the agreed services, assistance may include reviewing a claim or Defence, preparing court documents, explaining procedure, developing a settlement position or preparing for a settlement conference or trial.

Nick Lefebvre is a paralegal licensed by the Law Society of Ontario. Where a matter falls within the permitted scope of paralegal practice and J. Solomon Law accepts the file, legal services may be available for Ontario Small Claims Court claims and defences.

Whether representation or limited-scope assistance is appropriate depends on the facts, legal issues, applicable deadlines and services agreed upon in the retainer.

Ontario Small Claims Court Timeline

Dispute arises
↓
Assess jurisdiction, limitation period and collectability
↓
Consider negotiation or mediation
↓
Gather evidence and identify witnesses
↓
Identify the correct defendant
↓
Calculate damages
↓
Complete Form 7A: Plaintiff’s Claim
↓
File the claim and pay the required fee
↓
Serve every defendant within the required period
↓
Complete Form 8A: Affidavit of Service
↓
Defence or Defendant’s Claim filed
↓
Settlement conference
↓
Trial, if the dispute does not settle
↓
Judgment
↓
Voluntary payment or enforcement

The length of the process varies based on the court location, complexity of the case, procedural motions, availability of witnesses and whether the parties reach a settlement.

Frequently Asked Questions

How much can I sue for in Ontario Small Claims Court?

Ontario Small Claims Court currently hears claims for money or personal property valued at up to $50,000, excluding interest and costs. The limit increased from $35,000 on October 1, 2025.

How long do I have to file a Small Claims Court claim in Ontario?

Ontario’s basic limitation period is generally two years from when the claim was discovered, subject to exceptions. Discovery depends on when the claimant knew or reasonably should have known the legally important facts and that a court proceeding was an appropriate remedy.

How long does a defendant have to file a Defence?

A defendant generally has 20 days after being served with the Plaintiff’s Claim to serve and file a Defence. Different consequences and procedures may apply if the deadline is missed.

How long do I have to serve a Plaintiff’s Claim?

A Plaintiff’s Claim generally must be served within six months after it is issued, unless the court orders otherwise. The permitted method depends on the type of defendant being served.

Can I file a Small Claims Court claim online?

Ontario provides online filing options for many Small Claims Court documents. Claims may also be filed by mail or in person where permitted. Confirm the current filing system and eligibility requirements before submitting documents.

Do I need a lawyer or paralegal?

No. Parties may represent themselves. Legal or paralegal assistance may nevertheless be valuable when the claim is substantial, legally complex, strongly disputed or difficult to enforce.

What happens if the defendant ignores the claim?

The plaintiff may ask to have the defendant noted in default and pursue the appropriate default-judgment procedure. Judgment is not necessarily automatic, and the court may still require evidence proving liability or damages.

What if the defendant does not pay after I win?

The creditor may need to begin enforcement proceedings, such as garnishment, a writ of seizure and sale or an examination of the debtor. The best option depends on the debtor’s income, assets and financial circumstances.

Discuss an Ontario Small Claims Court Matter With J. Solomon Law

Understanding how to file a Small Claims Court claim in Ontario is only one part of pursuing or responding to a civil dispute.

The strength and practical value of a case may depend on choosing the correct forum, starting the proceeding before the limitation period expires, identifying the proper parties, preparing clear court documents, preserving reliable evidence and determining whether a judgment can realistically be enforced.

Depending on the circumstances and scope of the retainer, J. Solomon Law may provide legal services to plaintiffs and defendants in Ontario Small Claims Court matters. Available assistance may include:

Assessing a potential claim or Defence
Reviewing or preparing court documents
Identifying procedural issues and deadlines
Developing a negotiation or settlement strategy
Preparing for a settlement conference or trial
Providing representation where appropriate
Reviewing potential enforcement options after judgment

The services available will depend on the facts of the dispute, the applicable law, the permitted scope of practice of the legal professional involved and whether the firm agrees to accept the matter.

To discuss your circumstances and determine what services may be available, request a consultation with J. Solomon Law.

Requesting or attending a consultation does not guarantee that J. Solomon Law will accept the matter, that court proceedings will be recommended or that any particular result will be achieved.

Legal Disclaimer

This article provides general legal information about Ontario Small Claims Court and is not legal advice. Court procedures, forms, fees and deadlines may change, and exceptions may apply based on the facts of a particular case. Reading this article does not create a lawyer-client or paralegal-client relationship. Obtain advice from a qualified Ontario legal professional regarding your specific circumstances.

How to File a Small Claims Court Claim in Ontario: A Step-by-Step Guide