If you are owed money, dealing with a contractor who did not finish the work, or trying to recover a deposit that was never returned, Ontario Small Claims Court may be the right place to resolve it.
As of October 1, 2025, Ontario Small Claims Court can hear eligible civil claims for money or the recovery of personal property up to $50,000 per plaintiff, exclusive of interest and costs. The types of disputes it handles include unpaid debts, unpaid invoices, breach of contract, property damage, contractor disputes, and certain consumer and business claims — provided the amount falls within the court’s jurisdiction and the plaintiff can establish a legal basis for the claim.
That last part matters. Having a dispute does not automatically mean you have a legal claim, and having a legal claim does not automatically mean you will succeed. This guide explains what Ontario Small Claims Court can and cannot deal with, how the new $50,000 limit works, and what you should think through before deciding to sue.
What Is Small Claims Court in Ontario?
Ontario Small Claims Court is a branch of the Ontario Superior Court of Justice designed to resolve civil disputes involving money or the recovery of personal property in a more accessible and cost-effective way than full Superior Court litigation.
The court operates under the Rules of the Small Claims Court, O. Reg. 258/98, and its monetary jurisdiction is set by O. Reg. 626/00, as amended by O. Reg. 42/25. As of October 1, 2025, eligible claims up to $50,000 — exclusive of interest and costs — can be brought in Small Claims Court.
The process is intended to be comparatively accessible, with less formal evidence rules than Superior Court, a mandatory settlement conference before any trial, and lower filing fees. However, procedural rules still apply, and mistakes in how a claim is started, calculated, or served can affect the outcome.
What Can You Sue For in Small Claims Court Ontario?
The court handles civil disputes where a plaintiff is seeking a specific amount of money or the return of personal property. Here are the most common categories.
Unpaid Loans and Money Owed
If you lent money to another person under an agreement — written or verbal — and repayment has not been made, Small Claims Court is one avenue to pursue recovery.
The key issue is evidence. You will need to show that the money was a loan or debt rather than a gift, that repayment was expected, and that it has not been made. Written agreements, bank transfer records, text messages, and emails are all potentially useful. The stronger and more organized your documentation, the clearer your claim will be at a settlement conference or trial.
Unpaid Invoices
Ontario Small Claims Court regularly handles disputes where a contractor, consultant, freelancer, tradesperson, or other service provider has completed work but has not been paid.
Useful evidence typically includes the written contract or estimate, the invoice, communications with the client, records showing the work was completed, and proof of any partial payments. Clients who refuse to pay often raise issues about the quality of work — having documentation that shows what was agreed and what was delivered matters significantly.
Breach of Contract
A breach of contract claim arises when one party fails to perform its obligations under a valid agreement. Examples can include a party failing to deliver agreed goods, failing to complete agreed services, or refusing to pay what the contract required.
Not every broken promise creates an enforceable contract claim. There generally needs to be a valid agreement, a failure to perform an obligation under that agreement, and actual financial loss that resulted. Simply being disappointed with the outcome of a business deal is not the same as having a breach of contract claim worth pursuing.
Property Damage
If someone damages your personal property and refuses to cover the reasonable cost of repair or replacement, you may be able to bring a claim in Small Claims Court.
Common examples include damage caused during work or services performed on your property, vehicle damage arising from a collision or incident where another party is responsible, and damage to goods during transport or storage. As with other claims, you need evidence — photographs, repair estimates, invoices, and documentation connecting the defendant to the loss.
Contractor and Home Renovation Disputes
Disputes between homeowners and contractors are among the most common Small Claims Court matters. These can involve work that was paid for but never completed, work completed that does not meet the agreed standard, disputes over what was included in the price, and disagreements about deposits.
These cases can involve practical complications. Ontario’s Construction Act may be relevant in some construction or renovation disputes, and prompt payment rules and lien rights can add complexity. If your dispute involves significant renovation work, it is worth discussing the applicable legal framework before filing.
Consumer and Service Disputes
If you paid for a service that was not provided, received something materially different from what was promised, or were refused a refund you believe you are entitled to, Small Claims Court may be an appropriate forum.
As with all other claims, the amount must be within the court’s jurisdiction, you need to be able to identify a legal basis for the claim, and you will need evidence to support what you say happened.
Business Disputes
Small Claims Court is regularly used by businesses as well as individuals. Common business disputes include unpaid accounts, disagreements over payment for contracted services, and supplier or customer disagreements where the amount falls within the $50,000 limit.
If your business regularly deals with contract disputes, commercial agreements, or client collections, our Business & Commercial Law team can also advise on preventative strategies alongside any immediate dispute resolution.
Claims for the Return of Personal Property
Ontario Small Claims Court’s jurisdiction is not limited to money. Under the Courts of Justice Act, the court can also hear claims for the recovery of possession of personal property, provided the value of the property falls within the court’s monetary jurisdiction.
Examples of Small Claims Court Cases in Ontario
The following are illustrative examples. They are hypothetical and do not represent actual J. Solomon Law cases or predict outcomes in any particular dispute.
Example 1 — Unpaid contractor invoice. A renovations contractor completes agreed work at a residential property. The homeowner pays a deposit but disputes the quality of the completed work and refuses to pay the remaining balance on the invoice. The contractor files a Plaintiff’s Claim in Small Claims Court for the unpaid balance.
Example 2 — Personal loan. A person lends $8,000 to a family member with a written agreement that the amount will be repaid within 12 months. Repayment never occurs and the borrower stops responding to communications. The lender files a claim for the outstanding amount.
Example 3 — Property damage. A tradesperson causes accidental damage to a homeowner’s property while doing work inside the home. The tradesperson’s insurer denies the claim. The homeowner obtains repair estimates and files a claim in Small Claims Court for the reasonable cost of repair.
Example 4 — Deposit not returned. A consumer pays a substantial deposit to a service provider for services that are ultimately never performed. The provider refuses to return the deposit. The consumer files a claim for return of the funds.
Example 5 — Business invoice dispute. A marketing agency provides agreed services to a business client under a written contract. The client disputes the invoices and refuses to pay. The agency files a Plaintiff’s Claim for the amount outstanding.
In none of these examples would an outcome be certain. The result in every case depends on the specific facts, the evidence available, applicable law, and what happens at the settlement conference or trial.
What Can’t You Sue For in Small Claims Court?
Small Claims Court does not have jurisdiction over every type of dispute. Important categories that generally do not belong in Small Claims Court include:
Claims exceeding $50,000. If the amount you are claiming exceeds the court’s monetary limit, the matter generally needs to be filed in the Ontario Superior Court of Justice. You may choose to abandon the amount over $50,000 and proceed in Small Claims Court, but that waiver is permanent. See our Civil Litigation page for information on Superior Court matters.
Non-monetary remedies. Small Claims Court is a money court. If you are seeking an order requiring someone to do something or stop doing something — an injunction, specific performance, or declaratory relief — Small Claims Court cannot grant it. These remedies require a Superior Court proceeding.
Family law matters. Issues such as divorce, custody, access, and family property division are not handled in Small Claims Court.
Criminal matters. Small Claims Court deals with civil disputes between private parties. Criminal charges and prosecutions are a separate matter entirely.
Certain landlord and tenant disputes. Many residential landlord and tenant disputes in Ontario fall within the jurisdiction of the Landlord and Tenant Board rather than the courts. However, certain monetary claims — for example, unpaid rent arrears exceeding what the LTB can address, or property damage in excess of its remedial authority — may be appropriate for Small Claims Court.
Disputes within specialized tribunal jurisdiction. Some disputes are assigned by Ontario legislation to specific administrative tribunals. Identifying the correct forum before filing is an important early step.
How Much Can You Sue For in Ontario Small Claims Court?
As of October 1, 2025, Ontario Small Claims Court can hear eligible claims of up to $50,000 per plaintiff, exclusive of interest and costs. This change was made under O. Reg. 42/25, which amended O. Reg. 626/00 under the Courts of Justice Act.
The $50,000 limit applies to the principal amount claimed. Pre-judgment interest and court costs — including the 15% representation fee that may be awarded on the amount claimed — are calculated in addition to and do not count against the jurisdictional limit. The maximum costs award for legal representation in Small Claims Court is 15% of the amount claimed, which means up to $7,500 on a $50,000 claim.
If your actual loss exceeds $50,000, you have two options. You can abandon the amount above the limit and file in Small Claims Court for up to $50,000. That waiver is permanent and cannot later be reversed. Alternatively, you can file in the Superior Court of Justice, which involves more complex procedures and higher costs. Which option makes sense depends on the specific circumstances of your claim.
The limit applies per plaintiff. In a multi-plaintiff case where each plaintiff has a separate cause of action, each may be able to claim up to $50,000 individually.
The former $50,000 limit applies to claims issued on or after October 1, 2025. If you filed a claim before that date, the previous $35,000 limit generally governs that claim.
Having a Dispute Does Not Automatically Mean You Have a Successful Claim
This is one of the most important things to understand before deciding to sue.
Small Claims Court is not a mechanism for resolving every unfair situation. To have a viable legal claim, a potential plaintiff generally needs to be able to establish:
- What legal obligation existed — a contract, a duty of care, or another recognized legal basis
- How the defendant allegedly failed to meet that obligation
- That actual financial loss resulted from that failure
- That there is admissible evidence to support those facts
- That the claim is within the applicable limitation period
- That the correct person or entity has been identified as the defendant
Winning a judgment is also not the same as collecting money. If the defendant has no assets or income that can be reached through enforcement, a judgment may be difficult to satisfy even if you succeed at trial. Collectability is a practical consideration worth thinking through before filing.
What Evidence Do You Need for Small Claims Court?
The evidence you need depends entirely on the nature of your dispute. Generally speaking, organizing clear and chronological documentation of what happened, what was agreed, what went wrong, and what the financial impact was gives a claim the best chance of succeeding at a settlement conference or trial.
Evidence that is commonly relevant includes:
- Written contracts, estimates, or agreements
- Invoices and receipts
- Emails and text messages
- Photographs or videos documenting damage, completed work, or relevant conditions
- Bank or payment records
- Written demands and correspondence
- Witness evidence from people with direct knowledge of relevant facts
- Expert evidence where the nature of the dispute requires it — for example, a contractor’s assessment of substandard workmanship
Evidence does not need to be perfect to be useful. What matters is that it is organized, honest, and connects the facts of your claim to the amount you are seeking.
Before You Sue: 7 Questions to Ask Yourself
Working through these questions before filing can save time, money, and frustration.
- Do I know exactly who I need to sue? Suing the wrong person or a business entity that does not legally exist can sink an otherwise valid claim. If the defendant is a corporation, confirm the legal name through the Ontario Business Registry before filing.
- What legal obligation did they allegedly breach? Feeling wronged is not the same as having a legal claim. What specific obligation — contractual, statutory, or otherwise — did the defendant fail to meet?
- Can I prove what happened? Courts decide cases based on evidence, not assertions. Do you have documentation, photographs, emails, or witnesses who can support your account of events?
- Can I calculate my financial loss? Small Claims Court deals in specific dollar amounts. You need to be able to explain and support what you are claiming and why that figure represents your actual loss.
- Am I still within the limitation period? Ontario’s Limitations Act, 2002 establishes a basic two-year limitation period that generally runs from the date you discovered — or ought to have discovered — that you had a claim. Missing the limitation period can permanently bar a claim regardless of its merits. If you are uncertain about timing, do not wait to get advice.
- Is Small Claims Court actually the correct forum? As discussed above, some disputes belong before the Landlord and Tenant Board, Human Rights Tribunal, or another specialized body. Identifying the right forum early avoids wasted time and costs.
- If I obtain a judgment, can I actually collect it? A judgment from the court gives you legal tools to enforce — garnishment of wages, garnishment of bank accounts, a writ of seizure and sale against property. But if the defendant has no reachable assets or income, those tools may not produce practical recovery.
Is It Worth Suing Someone in Small Claims Court?
There is no universal answer. Whether pursuing a Small Claims Court matter is worthwhile depends on several factors:
- The amount at stake. A $30,000 unpaid invoice and a $500 dispute over a security deposit both qualify, but the cost-benefit analysis looks very different.
- Strength of your evidence. A claim with clear documentation, a written contract, and organized financial records is in a materially different position than one based entirely on a verbal agreement with no paper trail.
- Whether settlement is possible. Many Small Claims Court disputes settle before trial — sometimes at the mandatory settlement conference, sometimes before. A well-organized claim can itself encourage a reasonable settlement offer.
- Whether the defendant can satisfy a judgment. Winning is one thing; collecting is another.
- Time and stress involved. Small Claims Court proceedings take time. In Ottawa, the process from filing to a trial management conference or trial typically takes a number of months.
Can You Settle Without Going to Small Claims Court?
Litigation is not always the first or best step.
In many disputes, a clearly written demand letter setting out the claim and giving the other party an opportunity to respond resolves the matter without court involvement. Negotiation through legal representatives can also produce settlements efficiently, particularly where both sides want to avoid the cost and uncertainty of litigation.
Settlement is also possible — and in fact encouraged — after a Plaintiff’s Claim has been filed. The mandatory settlement conference that takes place before any trial is specifically designed to help parties explore resolution with the assistance of a deputy judge. Many matters that reach the settlement conference stage settle there.
What Happens If You Decide to Sue?
If you decide to proceed, the broad steps in a Small Claims Court matter are:
Assess the claim → Gather evidence → File a Plaintiff’s Claim (Form 7A) → Serve the defendant → Wait for a Defence or default → Attend the settlement conference → Trial if unresolved → Judgment → Enforcement if necessary
Our article How to File a Small Claims Court Claim in Ontario covers the procedural steps in detail, including how to complete the Plaintiff’s Claim, how to serve the defendant, and what happens if no Defence is filed.
The Ontario government’s Guide to Procedures in the Small Claims Court is also a useful starting point for understanding the process. Official court forms — including Form 7A and Form 9A — are available through Ontario Court Forms.
When Should You Speak With a Small Claims Court Lawyer or Paralegal?
You are not required to have legal representation in Small Claims Court. Many people represent themselves successfully. But there are situations where getting advice — or having someone represent you — can make a meaningful difference in how the matter proceeds and how it resolves.
It is worth speaking with a legal professional if:
- A significant amount of money is at stake
- The other party disputes liability and has their own version of events
- You are unsure whether you have sued the correct defendant
- The limitation period may be approaching and you need advice quickly
- You have received a Defence or Defendant’s Claim and are not sure how to respond
- Multiple parties are involved
- The matter is approaching a settlement conference or trial and you are not confident presenting your position
- You are unsure how to calculate or support your damages
Nick Lefebvre is a Licensed Paralegal at J. Solomon Law who assists individuals and businesses with Small Claims Court matters in Ottawa. If you are trying to determine whether your dispute may be appropriate for Small Claims Court, or if your matter is already underway and you want support, you can contact our office to discuss your situation.
Frequently Asked Questions
What can I sue someone for in Small Claims Court Ontario?
Ontario Small Claims Court can hear eligible civil claims for money or the return of personal property where the amount does not exceed $50,000 per plaintiff (exclusive of interest and costs), effective October 1, 2025. Common types of claims include unpaid loans and debts, unpaid invoices, breach of contract, property damage, contractor disputes, consumer disputes, and certain business-to-business disputes. Whether you have a viable legal claim depends on the specific facts, the evidence available, and whether an applicable legal obligation existed.
How much can I sue for in Ontario Small Claims Court?
As of October 1, 2025, the monetary limit for claims in Ontario Small Claims Court is $50,000 per plaintiff, exclusive of interest and costs. This change was made under O. Reg. 42/25, amending O. Reg. 626/00 under the Courts of Justice Act. If your actual loss exceeds $50,000, you may choose to abandon the amount above the limit and proceed in Small Claims Court, but that waiver is permanent. Claims above $50,000 must be brought in the Ontario Superior Court of Justice.
Can I sue someone for money they owe me without a written contract?
Yes, in some circumstances. Ontario law recognizes that binding agreements can exist without a formal written contract. However, the absence of documentation makes it significantly harder to prove what was agreed, what was owed, and what was said between the parties. If you are relying on a verbal agreement, other evidence — text messages, emails, bank transfer records, and witness accounts — becomes important. Before filing, think carefully about what evidence you have to support your version of the agreement.
Can I sue a contractor in Small Claims Court Ontario?
Yes. Disputes between homeowners and contractors — including unpaid invoices, work not completed, deposit disputes, and disagreements over workmanship — are among the most common Small Claims Court matters. The amount claimed must fall within the court’s $50,000 jurisdictional limit. Note that some construction and renovation disputes may also involve considerations under Ontario’s Construction Act, including prompt payment rules and lien rights, so it is worth understanding the full legal picture before filing.
Can a business sue another business in Small Claims Court?
Yes. Corporations, partnerships, and sole proprietors can all be plaintiffs and defendants in Ontario Small Claims Court, provided the claim falls within the $50,000 jurisdictional limit. Corporations filing claims must be represented by a lawyer or paralegal at hearings — they cannot self-represent at trial the way individuals can.
How long do I have to sue someone in Ontario?
Ontario’s Limitations Act, 2002 establishes a basic two-year limitation period. This period generally begins running from the date you discovered — or reasonably ought to have discovered — that you had a claim. Missing the limitation period can permanently extinguish your right to sue, regardless of the merits of the underlying claim. If you are concerned about timing, get advice before the deadline passes rather than after.
What happens if I win in Small Claims Court and they don’t pay?
A judgment from the court is not self-executing — the defendant must either pay voluntarily or be compelled through enforcement proceedings. If the defendant does not pay, enforcement options under the Ontario rules include garnishment of wages, garnishment of bank accounts, and filing a Writ of Seizure and Sale against real property. Enforcement requires additional steps and fees, and practical recovery depends on whether the defendant has reachable assets or income.
Do I need a lawyer or paralegal for Small Claims Court in Ontario?
No. Individuals can represent themselves in Small Claims Court without legal assistance. However, licensed paralegals and lawyers are both permitted to represent parties in Small Claims Court, and representation can make a material difference when the amount at stake is significant, the facts are disputed, or the other side has legal assistance. Nick Lefebvre is a Licensed Paralegal at J. Solomon Law who assists with Small Claims Court matters in Ottawa.
Get Advice on Your Small Claims Court Matter
If you are dealing with an unpaid invoice, a contract dispute, property damage, or another civil matter and are trying to understand whether Small Claims Court is the right path, J. Solomon Law can help you assess your options.
Nick Lefebvre, Licensed Paralegal, assists individuals and businesses in Ottawa with Small Claims Court matters — from evaluating whether a claim is appropriate to filing, settlement conferences, and trial representation.
Contact our office to request a consultation and discuss your situation. We do not guarantee outcomes, but we will give you a straight answer about where you stand.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Ontario Small Claims Court rules, procedures, fees, and monetary limits are subject to change. The information above reflects Ontario law and court rules as of August 2026. Reading this article does not create a lawyer-client relationship with J. Solomon Law Professional Corporation. If you have a legal matter, please consult a qualified Ontario lawyer or licensed paralegal before making decisions.
