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Ontario · Small Claims · Complete Guide

Ontario Small Claims Court — the complete 2026 walkthrough

Ontario Small Claims Court handles civil disputes up to $50,000 (raised from $35,000 effective October 1, 2025) — which covers most non-family, non-regulatory disputes between individuals and small businesses. Self-representation is common and works, provided the paperwork is correct and you understand the steps. This is the end-to-end walkthrough.

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Step 1 — confirm Small Claims is the right court

Small Claims Court is a division of the Superior Court of Justice. Its jurisdiction is monetary claims up to $50,000 exclusive of interest and costs (up from $35,000, effective October 1, 2025 under Ontario Regulation 42/25). Common matters heard here: unpaid invoices, breach of contract, return of a deposit, damage to property, NSF cheques, unpaid loans, minor personal injury. Family law, estates, wrongful dismissal above $50,000, and regulatory matters are excluded.

If your claim is over $50,000 you can either file in Superior Court (more expensive, technical pleadings required) or abandon the excess and file in Small Claims to keep it simple. A $60,000 claim kept at $50,000 in Small Claims usually nets more after costs than a $60,000 claim in Superior Court.

Step 2 — send a demand letter first

Before filing, send a written demand. Judges expect plaintiffs to have tried to resolve the matter, and a demand letter often triggers payment without any filing. See our Ontario demand letter guide for the format. A 14-day deadline is standard for most amounts; 7 days is reasonable for small debts under $1,000.

Step 3 — draft Form 7A (Plaintiff's Claim)

Form 7A is the originating document. Required fields: your full legal name and address (or corporate name if you sue as a company), the defendant's full legal name and address (verified against the Ontario Business Registry if a corporation), a concise chronological narrative of the facts, the amount claimed broken down as principal plus interest plus the filing fee, and the relief requested. Attach the contract, invoices, demand letter and proof of delivery, and any supporting records.

Step 4 — file at the right court

Rule 6.01 of the Small Claims Court Rules requires you to file in the judicial district where (a) the defendant lives or carries on business, or (b) the cause of action arose (contract signed, services performed, loan made). Filing fees as of 2026: $108 for infrequent claimants (under 10 claims per year at that court) and $290 for frequent claimants. Fee waivers available on Form 20 for low-income applicants.

The Ontario Small Claims Court online filing portal accepts Form 7A electronically. Paper filings still work but take weeks longer to issue.

Step 5 — serve the Plaintiff's Claim

Once the court issues and stamps the Claim, you have six months to serve the defendant. Personal service by someone who is not a party — a process server ($80-$200), the sheriff, or a friend over 18. The server completes an Affidavit of Service (Form 8A) which you file with the court. Mail and email service are only permitted with a court order under Rule 8.04.

Step 6 — the defendant's 20 days

The defendant has 20 days to file a Defence on Form 9A (40 days if served outside Ontario). If no Defence is filed, file Form 9B to note the defendant in default, then request judgment. Default judgment is typically granted on the papers without a hearing, provided the Claim is clear.

If the defendant does file a Defence (and many do, often with a Defendant's Claim as a counterclaim), the court schedules a Settlement Conference.

Step 7 — the Settlement Conference

Mandatory. Held 6 to 9 months after filing, presided over by a Deputy Judge. Off the record. About half of Small Claims cases settle here. Bring three copies of all your documents, a Form 13A settlement brief, a bottom-line number in mind, and leave the emotional arguments at home. The Deputy Judge will tell both sides what they think of the case — sometimes bluntly — and that assessment drives most settlements.

Step 8 — trial, if it gets that far

If the case does not settle, it is set for trial — usually 4 to 9 months after the Settlement Conference. Trial is typically a half-day. Plaintiff presents evidence, cross-examines the defendant's witnesses, then defendant does the same. The Deputy Judge gives reasons orally or reserves. Bring witnesses (served with a summons if needed), all original documents, and a short opening statement.

Step 9 — collecting the judgment

Judgment is not money. If the defendant does not pay voluntarily, you have enforcement tools: Writ of Seizure and Sale (filed with the sheriff — they can seize non-exempt property), Notice of Garnishment (takes a portion of wages or empties a bank account), and Examination in Aid of Execution (compels the defendant to answer questions about assets under oath). All cost additional filing fees and take months. A judgment is valid for 20 years and can be renewed.

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Related Ontario resources

BeProSe is a document preparation service, not a law firm. We do not provide legal advice. For matters over $25,000 or involving complex facts, consult a licensed Ontario paralegal or lawyer.

FAQ

What can I sue for in Ontario Small Claims Court?

Any civil claim for money up to $50,000 exclusive of interest and costs (raised from $35,000 on October 1, 2025), or the return of personal property up to that value. Typical matters: unpaid invoices, breach of contract, return of security deposit, damage to property, unpaid loans, disputes between former business partners. Family law, estates, and regulatory matters are excluded.

How long does an Ontario Small Claims case take from start to judgment?

Typically 10 to 18 months. Filing to Settlement Conference: 6 to 9 months. Settlement Conference to trial (if the case does not settle): another 4 to 9 months. Collection after judgment adds more time. Uncontested default judgments can issue within 2 to 3 months of filing.

What happens after I win at trial?

A judgment is entered. If the defendant does not pay voluntarily, you can file enforcement documents: a Writ of Seizure and Sale against property (filed with the sheriff), a Notice of Garnishment against wages or bank accounts, or an Examination in Aid of Execution to question the defendant about their assets. Enforcement costs extra and takes months, but a judgment is valid for 20 years in Ontario.

What should I bring to the Settlement Conference?

A settlement brief (Form 13A) with a chronology of events, key documents, and your bottom-line number; three copies of all documents the other side has not seen; a clear idea of what you will accept to end the matter. Do not bring witnesses to a Settlement Conference — that comes at trial.

Do I need a lawyer or paralegal?

No. Self-representation is common in Small Claims. If you want representation, an LSO-licensed paralegal (P1) is often the cost-effective choice — paralegals can represent parties in Small Claims from start to finish. Typical paralegal fees: $800 to $2,500 for a contested matter through trial. Lawyers cost more and are usually reserved for complex or high-stakes cases.

What if the defendant has no money?

Judgment-proof defendants are the hardest part of Small Claims. Before you file, consider whether the defendant has income, property, or bank accounts you can enforce against. A judgment against an insolvent defendant is worth very little. Many experienced paralegals decline matters where the defendant is clearly insolvent — the cost of suing exceeds the practical chance of recovery.