How to file in Ontario Small Claims Court

What Small Claims Court handles

The court hears civil claims for money or property worth up to $50,000: unpaid debts and invoices, breach of contract, property damage, and unreturned deposits. If your claim is worth more, you can abandon the excess to stay in Small Claims — a common strategic choice, since the process is far faster and cheaper than Superior Court.

Some matters don't belong here: family law, defamation in some forms, and claims against the federal Crown go elsewhere. When in doubt, the court's published guide to claims lists what's in and out.

The October 1, 2025 increase (O. Reg. 42/25) moved the limit from $35,000 to $50,000 and raised the appeal threshold from $3,500 to $5,000 — so claims under $5,000 can no longer be appealed as of right. Because the Landlord and Tenant Board's monetary jurisdiction is tied to Small Claims, the Board can also now decide claims up to $50,000.

Step 1: send a demand letter first

Before filing, send a written demand letter giving the other side a clear deadline (usually 10–14 days) to pay or fix the problem. This isn't just good practice — judges at the mandatory settlement conference routinely ask whether you tried to resolve things first, and a paper trail of reasonable behaviour strengthens your position.

Keep a copy of the letter and proof of delivery (email read receipt or registered mail). If the deadline passes with no response, you're ready to file.

Step 2: file your Plaintiff's Claim

Claims are filed online through Ontario's court filing portal (Form 7A — Plaintiff's Claim). You'll state who is suing whom, the amount claimed, and the facts in numbered paragraphs. Name defendants precisely — suing 'Mike's Renovations' instead of the legal business name is a classic error that causes dismissal.

There is a filing fee (check the current fee schedule on Ontario.ca before filing — fees are modest and recoverable if you win). After filing, the claim must be served on each defendant personally or by an accepted alternative method, with an affidavit of service to prove it.

Watch the limitation clock: Ontario's Limitations Act, 2002 generally gives you two years from when you discovered the claim. Miss it and the claim is dead regardless of merit.

The defendant's response: defences and counterclaims

Once served, the defendant has 20 days to serve a Defence (Form 9A) admitting, denying, or explaining each allegation. Read it carefully — it tells you exactly what you'll need to prove and where the fight will be.

Two things defendants commonly do: dispute the facts (expect this — “the work was fine” or “I already paid” are standard), or file a Defendant's Claim (counterclaim) saying you actually owe them money. A counterclaim doesn't mean your case is weak; it means the court will decide both claims together. If the defendant does nothing at all within 20 days, the allegations are deemed admitted and you can seek default judgment — which is why your affidavit of service matters so much.

Whatever comes back, don't panic and don't retaliate in writing. Respond to the substance, update your evidence binder, and adjust your settlement bottom line with the new information.

Step 3: the settlement conference

Every defended claim goes to a settlement conference — a mandatory, informal meeting with a judge or deputy judge aimed at resolving the case without trial. Most Small Claims cases settle here or shortly after.

Come prepared: bring your demand letter, the contract or invoices, photos, receipts, correspondence, and a clear bottom line. Prepare a one-page chronology. The judge will give both sides a frank assessment — listen carefully, because it's a preview of trial.

Step 4: trial and judgment

If settlement fails, the case goes to trial — still informal by court standards, but evidence rules apply. Bring originals of every document, organize exhibits in order, and bring witnesses if their testimony matters (a written statement alone is hearsay).

Tell your story chronologically, stick to what you can prove with documents, and answer the judge's questions directly. Trials are usually measured in hours, not days — clarity beats volume.

Costs: what a win actually recovers

Winning means the judge can order the other side to reimburse your reasonable costs: the filing fee, service expenses, and similar disbursements are routinely recoverable. Representation fees (what you paid a lawyer or paralegal) are recoverable only within modest limits set by the court's rules — don't assume a $5,000 legal bill comes back to you on a $4,000 claim.

Your own time generally isn't compensated, and interest on the judgment runs from a date the court sets — ask for pre-judgment interest in your claim if the money has been outstanding for a while. The practical lesson: keep your costs proportionate to the claim, because the economics of a small claim punish over-lawyering.

Enforcing your judgment: the part people forget

A judgment is not self-executing — the court doesn't collect for you. If the debtor won't pay voluntarily, your main enforcement tools are:

• Garnishment — a court order directing the debtor's employer or bank to pay you from wages or accounts.
• Writ of seizure and sale — filed with the sheriff, allowing seizure and sale of the debtor's non-exempt property or land.
• Examination hearing — the debtor is questioned under oath about income, assets, and debts, so you can find out what there is to collect against.

Enforcement is a separate process with its own forms and fees, and it only works if the debtor has something to collect — a judgment against someone with no income or assets is a piece of paper. Before you file, ask the hard question: even if I win, can this person or business actually pay? If the answer is no, a demand letter and a negotiated payment plan may be the better investment of your energy.