Ontario's Small Claims Court is a branch of the Superior Court of Justice designed to resolve civil disputes in a relatively fast and accessible way, without the full complexity of Superior Court litigation. It is the right forum for disputes involving amounts up to $50,000, and it is a place where a licensed paralegal can represent you with full authority.
This guide covers everything you need to know: what Small Claims Court handles, the filing process, what happens at a Settlement Conference, how trial works, and what to do after you win.
What Types of Cases Does Small Claims Handle?
Small Claims Court hears civil (non-criminal) disputes for money or the return of personal property valued at $50,000 or less. Common case types include:
- Unpaid invoices (contractors, freelancers, service providers)
- Breach of contract - goods or services not delivered, or not as agreed
- Security deposit disputes between landlords and former tenants
- Property damage caused by another party
- Defective products or poor workmanship
- Loans not repaid
- Recovery of personal property
Small Claims Court does not handle: family law matters, criminal charges, employment claims above $50,000, or anything that requires Superior Court jurisdiction. If your claim exceeds $50,000, you can either reduce it to $50,000 and file in Small Claims, or file the full amount in Superior Court (which is more expensive and complex).
Filing Fees
Court filing fees apply to Small Claims Court proceedings and are established by Ontario regulation. Fees may change. Current filing fees should be confirmed through the official Ontario court information before a document is filed. If you win at trial, the judge may order the losing party to reimburse your filing fee.
The Small Claims Process: Step by Step
File a Plaintiff's Claim (Form 7A)
The Plaintiff's Claim is the document that starts your case. It must describe what happened, who is responsible, and exactly what you're asking the court to award you. Be specific: describe the facts chronologically, identify the legal basis (breach of contract, negligence, etc.), and state the dollar amount. File it at your local courthouse or online.
Serve the Claim on the Defendant
Once filed, you must serve a copy of the claim on the defendant within 6 months. Permitted methods include personal service (handing it directly to the person), by mail to an individual or corporation, or through a process server. Keep a signed Affidavit of Service - you'll need to file it with the court to prove service was completed.
The Defendant Files a Defence (or Doesn't)
The defendant has 20 days to file a Defence. If they don't, you can request a default judgment - meaning the court may grant your claim without a hearing, simply because the other side failed to respond. If they do file a Defence, the case proceeds to a Settlement Conference.
Settlement Conference
A Settlement Conference is mandatory before any Small Claims trial. Both parties appear before a judge who helps explore whether the dispute can be resolved without going to trial. The judge is not deciding the case - they're facilitating dialogue. However, they often give their opinion on the likely outcome, and this is valuable: it tells you where you stand. If a settlement is reached, it becomes binding. If not, the judge sets a trial date and may give procedural orders about evidence.
Trial
At trial, each side presents their case: opening statement, documents, witnesses, and testimony. The opposing party can cross-examine your witnesses, and you can cross-examine theirs. A judge (not a jury) decides the outcome. Trials are formal proceedings - organized, prepared parties consistently outperform unprepared ones regardless of who is technically "in the right."
The Judgment
The judge may give the decision at the end of trial or in a written judgment released later. If you win, the judgment states the amount the defendant must pay you, including any interest and cost awards. If you lose, you may be ordered to pay the other side's costs.
Enforcing a Judgment
Winning at trial is not the end - it gives you a legal right to collect, but not the money itself. If the defendant doesn't pay voluntarily, you have several enforcement options:
Garnishment of Wages
You can file a Notice of Garnishment directed at the defendant's employer, requiring them to send a portion of each paycheque to the court until your judgment is satisfied. Employment income is protected up to a certain threshold, but amounts above that are garnishable.
Garnishment of Bank Accounts
With the name of the defendant's bank and branch, you can garnish funds directly from their account. If there are funds available, this is often the fastest enforcement method.
Writ of Seizure and Sale
A writ filed with the Sheriff allows enforcement against the defendant's real property. The Sheriff can seize and sell property to satisfy the debt. This is a longer process but is effective against defendants who own real estate.
Examination of Debtor
If you're unsure what assets the defendant has, you can compel them to attend court (or answer questions in writing) to disclose their financial situation. This helps you identify which enforcement method is most practical.
Do You Need a Paralegal?
You can represent yourself in Small Claims Court - many people do. A licensed paralegal can assist with assessing a claim or defence, preparing pleadings and evidence, settlement negotiations, court appearances, and the procedural requirements of a Small Claims Court proceeding.
Get Representation
- Small Claims Court Services at JC Paralegal — how Jolanta can help with your claim, defence, or counterclaim in the GTA
Have a Small Claims Matter?
Call Jolanta to discuss your matter. She'll tell you whether your claim is strong, what evidence you'll need, and what representation would involve.
Call 226-240-4460