How to File a Small Claims Court Claim in Ontario

Is Small Claims Court Right for You?

Small Claims Court is Ontario's "people's court"—designed for regular folks to resolve disputes without hiring lawyers. It handles:

• Unpaid invoices and contract disputes
• Property damage (car accidents, contractor mess-ups)
• Security deposit returns
• Personal loans gone wrong
• Service provider disputes

You should NOT use Small Claims Court for: Criminal matters, family law issues, employment standards complaints (use Ministry of Labour), or anything involving more than $50,000.

Step 1: Calculate Your Claim Amount

Add up everything the defendant owes you:

• Main damages: The actual money you're owed
• Out-of-pocket expenses: What you paid because of their actions
• Pre-judgment interest: Usually 2-3% per year from when payment was due
• Court costs: Filing fees and service costs (you can claim these back)

Important: You cannot increase your claim amount after filing. Do the math carefully upfront or you'll leave money on the table.

Step 2: Gather Your Evidence

Small Claims Court moves fast. You need organized proof that tells a clear story:

Essential Documents

• Contracts, invoices, or written agreements
• Text messages, emails, or other communications
• Photos of damage or defective work
• Receipts for expenses and payments made
• Bank statements showing payments or bounced cheques

Witness Statements

If people saw what happened, get their contact info and a brief written statement. You may need them to testify at trial.

Step 3: Fill Out the Plaintiff's Claim (Form 7A)

Form 7A is your formal complaint. You can get it at any courthouse or download from the Ontario Court Forms website. Here's what matters:

Defendant Information

You need the defendant's full legal name and current address. For businesses, use the exact corporate name (check the Ontario Business Registry if unsure).

Reasons for Claim

Keep it factual and chronological. Don't editorialize—just state what happened, when, and how much you're owed. Include:

• Date and nature of the agreement
• What you did to fulfill your part
• How the defendant breached their obligations
• Specific damages with calculations

Step 4: File Your Claim

Take your completed Form 7A to the Small Claims Court office. You need to file in:

• The area where the defendant lives or carries on business, OR
• Where the contract was made or breached, OR
• Where the incident happened

Filing Fees (2026)

• Claims up to $6,000: $125
• Claims $6,001 to $50,000: $235

You can pay by cash, certified cheque, or money order. Some courts take debit cards.

Step 5: Serve the Defendant

"Service" means legally delivering your court documents to the defendant. This is not optional—if you don't serve properly, your case gets thrown out.

Service Methods

Personal Service (Best Option): Hand deliver to the defendant personally. You can't do this yourself—use a friend, family member, or process server.

Alternative Service: If personal service isn't possible after reasonable attempts, you can ask the court for permission to serve by mail, email, or social media.

Service Timeline

You have 6 months from filing to serve the defendant. If you don't serve within 6 months, your case is automatically dismissed.

Affidavit of Service

Whoever serves the documents must fill out an Affidavit of Service and file it with the court. This proves service happened.

Step 6: Wait for the Defence

After service, the defendant has 20 days to file a Defence (Form 9A). They can:

• File a Defence: Deny your claims and explain why they don't owe you
• File a Defendant's Claim: Sue you back for something related
• Do nothing: In which case you can request default judgment

If They Don't Respond

If the defendant doesn't file anything within 20 days, you can request default judgment. This means you automatically win, but you still need to prove your damages to get money.

Step 7: Settlement Conference

Before trial, you'll attend a mandatory settlement conference. This is a meeting with a judge or referee who tries to help you resolve the case without a trial.

Bring: All your documents, a calculator, and realistic expectations. Most cases settle for 60-80% of the claim amount.

Step 8: Trial (If Necessary)

If settlement fails, you'll get a trial date. Small Claims Court trials are informal:

• No jury—just a judge
• Relaxed evidence rules
• You can represent yourself
• Usually done in one day

Presenting Your Case

1. Tell your story chronologically
2. Show your documents as evidence
3. Call any witnesses you have
4. Ask for specific damages with calculations

Step 9: Collecting Your Judgment

Winning is only half the battle. If the defendant doesn't pay voluntarily, you'll need to enforce the judgment:

• Garnish wages: Take money directly from their paycheque
• Garnish bank accounts: Freeze and seize their bank funds
• Seize assets: Take and sell their property
• Examine in aid of execution: Force them to disclose assets under oath

Each enforcement step costs extra fees, but you can usually recover these from the defendant.

Common Mistakes to Avoid

When to Get Legal Help

Small Claims Court is designed for self-representation, but consider hiring a lawyer if:

• Your case involves complex legal issues
• The defendant has a lawyer
• You're uncomfortable with public speaking
• The amount at stake justifies the legal fees

Many lawyers offer limited scope services—they'll help with specific parts (like drafting your claim) without taking over the whole case.