How to File a Small Claims Court Case in Ontario (2026 Guide)

If someone owes you money in Ontario — or you need to resolve a civil dispute worth up to $50,000 — Small Claims Court is the most accessible and affordable option available. The process is designed so that ordinary people can use it without a lawyer, though the rules still need to be followed carefully.

This guide covers every step of bringing a Small Claims Court action in Ontario, from filing to enforcement.

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. Ontario court rules are complex, and errors in procedure can have serious consequences for your case. For advice specific to your situation, consult a licensed lawyer or paralegal.

What Is Ontario Small Claims Court?

Ontario Small Claims Court is a branch of the Superior Court of Justice that handles civil disputes up to $50,000 (not including interest and costs). It is governed by Ontario Regulation 258/98 under the Courts of Justice Act.

Small Claims Court is deliberately simpler than the regular Superior Court. The forms are shorter, the rules of evidence are more relaxed, and parties are expected to represent themselves. Paralegals licensed by the Law Society of Ontario can also represent parties in Small Claims Court.

Common types of Small Claims cases include:

Unpaid debts — loans, invoices, unpaid rent
Breach of contract — someone didn't hold up their end of a deal
Property damage — car accidents, property disputes
Return of personal property — someone has your belongings and won't return them
Consumer disputes — defective goods or services not delivered

Monetary Jurisdiction: The $50,000 Limit

As of January 1, 2024, Ontario's Small Claims Court handles claims up to $50,000, not including interest and costs. This was increased from the previous $35,000 limit.

If your claim exceeds $50,000, you have two options:

File in Superior Court — more complex, longer process, higher costs
Abandon the excess — voluntarily reduce your claim to $50,000 and file in Small Claims Court

If you abandon the excess, you cannot later sue for the remainder. This is a permanent waiver.

Which Courthouse Do You File In?

You must file your claim in the Small Claims Court office closest to where:

The defendant lives or carries on business, or
The cause of action arose (where the events happened)

Ontario has Small Claims Court offices in most major cities and towns. You can find the nearest office at ontario.ca/page/small-claims-court.

Step 1: Prepare Your Plaintiff's Claim

The Plaintiff's Claim (Form 7A) is the document that starts your case. It must include:

Your name and address (the plaintiff)
The defendant's name and address — you must identify the correct legal name. For businesses, search the Ontario Business Registry to confirm
The amount you are claiming (up to $50,000)
The reasons for your claim — a clear, chronological statement of what happened and why the defendant owes you money

Keep your statement of facts concise and factual. Avoid emotional language, legal jargon, or irrelevant details. Number each paragraph and stick to the facts: who, what, when, where, and how much.

Step 2: File the Claim

You can file your Plaintiff's Claim:

In person at the Small Claims Court office
Online through the Small Claims Court E-Filing portal (where available)

Filing Fees

As of 2026, the filing fees in Ontario Small Claims Court are:

| Claim Amount | Filing Fee | |-------------|-----------| | $2,500 or less | $75 | | Over $2,500 | $102 |

These fees are subject to change. Verify the current fees with your local courthouse or at ontario.ca before filing.

If you have financial difficulty paying the fees, you may request a fee waiver by completing the appropriate form and providing financial information to the court.

Step 3: Serve the Defendant

After filing, you must serve (formally deliver) a copy of the Plaintiff's Claim on the defendant. The court does not do this for you.

Accepted Methods of Service

Personal service — physically handing the documents to the defendant. This is the most reliable method.
Alternative to personal service — leaving the documents at the defendant's residence with an adult who appears to reside there, then mailing a copy the same day.
Service by mail or courier — service is effective 20 days after the date of mailing.
Service on a corporation — serving the registered head office or a director/officer.

Service must be completed by someone other than you (the plaintiff). The person who serves the documents must complete an Affidavit of Service (Form 8A) confirming the details.

Step 4: The Defence

Once served, the defendant has 20 days to file a Defence (Form 9A). If the defendant does not file a Defence within 20 days, you may ask the court to note the defendant in default and proceed to obtain a default judgment.

The defendant may also file a Defendant's Claim (Form 10A), which is essentially a counterclaim against you or a claim against a third party.

Step 5: Settlement Conference (Mandatory)

Before your case can go to trial, both parties must attend a settlement conference. This is a mandatory meeting with a judge or deputy judge to:

Explore whether the case can be settled without a trial
Identify the issues in dispute
Determine what evidence and witnesses each party plans to use at trial
Set a timeline for the case

You must bring your documents and evidence to the settlement conference, along with a Settlement Conference Brief. This is a short written summary of your case, the facts, and the outcome you want.

Settlement conferences resolve a significant percentage of Small Claims cases. Come prepared to discuss settlement — the judge will expect both parties to make reasonable efforts.

Step 6: Trial

If the case does not settle, it proceeds to trial. Small Claims Court trials are less formal than Superior Court, but they follow a structured process:

The plaintiff presents their case first — calling witnesses, presenting documents, and explaining their claim
The defendant then presents their case
Each side may cross-examine the other's witnesses
The judge may ask questions of either party
Both sides make closing submissions

Evidence Rules

Small Claims Court has more relaxed evidence rules than Superior Court. The judge may accept evidence that would not be admissible in a formal trial, as long as it is relevant and reliable. However, you should still:

Bring original documents (contracts, invoices, emails, photos)
Organize your evidence in a document brief with numbered tabs
Prepare a list of witnesses with summaries of what they will say
Practice your presentation — be clear, organized, and respectful

Who Hears Your Case?

Small Claims Court cases are heard by deputy judges (practising lawyers appointed part-time) or, in some cases, judges of the Superior Court.

Step 7: The Judgment

After trial, the judge will issue a decision either:

Orally at the end of the trial, or
In writing within a few weeks

The judgment will state who wins, the amount awarded (if any), and costs.

Costs

The winning party is usually entitled to costs, which may include:

The filing fee
Service costs
A reasonable amount for inconvenience and preparation (up to 15% of the amount claimed)
Representation fees (if the party was represented by a lawyer or paralegal)

Step 8: Enforcement

Winning a judgment does not automatically put money in your pocket. If the defendant does not pay voluntarily, you must enforce the judgment. Common enforcement tools include:

Garnishment (Form 20E) — directing a portion of the defendant's wages or bank account to be paid to you
Writ of Seizure and Sale of Personal Property (Form 20C) — directing a bailiff to seize the defendant's assets
Writ of Seizure and Sale of Land (Form 20D) — registering the judgment against the defendant's real property
Examination of the debtor (Form 20H) — requiring the defendant to attend court and disclose their financial situation under oath

Enforcement has its own fees, which are added to the amount the defendant owes.

Common Mistakes in Ontario Small Claims Court

Suing the wrong party — always verify the defendant's correct legal name, especially for businesses
Missing the limitation period — in Ontario, most civil claims must be filed within 2 years of when you discovered (or should have discovered) the claim
Poor service — if the defendant was not properly served, the case may be delayed or dismissed
Not preparing for the settlement conference — judges expect you to come ready to discuss settlement. Being unprepared creates a bad impression
Disorganized evidence at trial — label and tab your documents. If the judge cannot follow your materials, your case suffers
Emotional arguments — stick to facts and law. Anger and frustration are understandable but do not help your case
Not enforcing the judgment — a judgment is just a piece of paper until you enforce it. Don't assume the defendant will pay on their own

How ProSe Can Help

Preparing a Plaintiff's Claim, organizing your evidence, and navigating the Small Claims Court process can be overwhelming — especially if you have never been to court before.

ProSe helps self-represented litigants prepare court-ready documents through a straightforward questionnaire. No legal jargon, no blank forms to decipher. Answer plain-language questions about your situation and ProSe generates a properly formatted document ready for filing.

Start for free at BeProSe.ca — your first document costs nothing.

Key Resources

Ontario Small Claims Court Rules (O. Reg. 258/98) — e-Laws Ontario (ontario.ca/laws)
Small Claims Court Forms — ontariocourtforms.on.ca
Small Claims Court Guide — ontario.ca/page/small-claims-court
Steps to Justice — stepstojustice.ca (free legal information)
Law Society of Ontario — find a licensed paralegal at lso.ca

Last reviewed: April 2026. Court fees and procedures are subject to change; verify current information with your local courthouse before filing.

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer or paralegal.