Complete Guide to the Small Claims Court Process in Ontario

If your claim is $50,000 or less, you can use the Small Claims Court in Ontario to resolve your dispute. Compared to the Superior Court of Justice, Small Claims Court is simpler, faster, and less expensive, making it ideal for cases involving unpaid debts, breach of contract, property damage, or other civil disputes.

So, what is the step-by-step process from filing a claim to enforcing a judgment? Let’s break it down.

✅ 1. Before You Sue – Preparation is Key

Before starting a lawsuit, you should:

• Confirm the defendant’s correct information (full name, business name, and address)

• Check the limitation period (most civil claims in Ontario have a 2-year deadline)

• Gather evidence (contracts, receipts, bank transfers, emails, photos, recordings, etc.)

• Consider negotiation or settlement to avoid unnecessary costs

Only after you’re certain that legal action is necessary should you proceed with filing a claim.

✅ 2. Filing a Plaintiff’s Claim (Form 7A)

• File your Plaintiff’s Claim (Form 7A) at the Small Claims Court in the defendant’s area or where the dispute occurred

• Pay the filing fee

• Once filed, the court will return a stamped copy of your claim for service

✅ 3. Serving the Defendant

• You must serve the claim on the defendant within 6 months after the claim is issued.

• Service can be done in person, by registered mail, courier, or by an authorized process server

• After service, you must file an Affidavit of Service (Form 8A) with the court to prove the documents were properly delivered

✅ 4. How the Defendant Can Respond

The defendant has 20 days from the date they are served to respond. They can:

• File a Defence (Form 9A) if they disagree with your claim

• File a Defence and Defendant’s Claim (Form 10A) if they believe you owe them money or caused them damages

• Negotiate or settle before trial

• Do nothing, which may result in a default judgment against them

✅ 5. Settlement Conference

If the defendant files a defence, the court will schedule a Settlement Conference within 90 days.

• A judge will meet with both parties to discuss the case

• Both sides must exchange evidence and clarify issues

• The judge may provide guidance on possible settlement

• If an agreement is reached, a settlement agreement can be signed without going to trial

• If no settlement is reached, the case proceeds to trial

✅ 6. Trial

If the case cannot be settled, it goes to trial. At trial:

• Both parties present evidence, call witnesses, and make arguments

• The judge reviews the evidence and makes a final judgment

✅ 7. Judgment and Enforcement

• If you win, the court issues a judgment

• If the other party doesn’t voluntarily pay, you can enforce the judgment by:

  • Garnishing wages or bank accounts

  • Seizing and selling property at auction

  • Registering a lien (Writ of Seizure and Sale) against the defendant’s property

✅ 8. Time and Costs

• A Small Claims Court case can take 6 months to 2 years depending on complexity

• Costs include court filing fees, service fees, and evidence preparation

• A well-prepared case increases the chances of early settlement and a favorable outcome

✅ Do You Need Legal Representation?

You’re allowed to represent yourself in Small Claims Court, but hiring a Licensed Paralegal can be a smart choice if:

• You’re unfamiliar with court rules and deadlines

• The case involves complicated evidence or legal issues

• You want someone experienced to negotiate or represent you at trial

✅ Conclusion

While Small Claims Court is simpler than higher courts, it still has strict rules, deadlines, and procedures. A well-prepared plaintiff or defendant is more likely to resolve the matter efficiently—sometimes even settling before trial.

If you’re thinking of suing someone or have been served with a Plaintiff’s Claim and don’t know how to respond, Situ Legal Services can help you:

• Assess your case and explain your legal options

• Prepare and file your Plaintiff’s Claim, Defence, or Defendant’s Claim

• Represent you at Settlement Conferences and trials

• Assist with enforcing court judgments

👉 Click here to book a consultation with a Licensed Paralegal in Ontario and protect your legal rights with confidence.