Proceed to Small Claims Court

Proceeding to small claims court in Ontario starts with filing a claim with the court to resolve a legal dispute over a relatively small amount of money. The maximum amount that can be claimed in Ontario's Small Claims Court is $35,000. The court can hear cases involving a variety of claims, such as breach of contract, property damage, or consumer protection issues.

Overall, proceeding to small claims court can be a relatively quick and inexpensive way to resolve a legal dispute. Maximize your chances of success by seeking the assistance of a lawyer to prepare your claim.

Here are the steps involved in proceeding to Small Claims Court: 1. CONSULTATION: Discuss with a lawyer to determine if Small Claims Court is the right option for you and to discuss your claim. The Small Claims Court may not be the best option for all legal disputes. It's important to consider other options such as sending a demand letter or negotiating with the other party before deciding to file a claim. There are also certain types of cases that the Small Claims Court does not have authority to decide.

2. PREPARATION: The lawyer will prepare your Plaintiff’s Claim. To pursue a claim at the Small Claims Court, you will need to prepare a written document that sets out the details of your dispute, the amount of money you are seeking, and provide any supporting evidence.

3. FILING: Once you have reviewed and approved the claim prepared by your lawyer, you will need to file it with the Small Claims Court and pay a filing fee to the court*. The court will then “issue” your claim, meaning that they will enter it into their filing system and give you a copy back that contains a court seal and filing number.

4. SERVING: After you have filed your claim, you will need to serve the issued claim and all of your supporting evidence on the other party within six (6) months. This involves delivering a copy of your claim to the other party in a legally recognized way. Your lawyer will inform you about your options and you may have to incur additional fees to serve your claim*. Please note that it is important for this process to know the correct name and location of the other party. Neolegal is not responsible for finding this information and cannot do so on your behalf.

5. AFFIDAVIT OF SERVICE: the individual in charge of the service will sign under oath an Affidavit of Service. Neolegal may assist you in drafting and commissioning the Affidavit of service for an additional fee*.

6. RECEIVE THE DEFENCE: The opposing party must respond to your claim by serving and filing a Defence. If the defendant did not respond to your claim within 20 days of being served, you may choose to note the defendant in default. Noting the defendant in default means asking the court to recognize that the defendant failed to respond, which may permit you to obtain a judgment without their participation*.

5. ATTENDING THE SETTLEMENT CONFERENCE: For defended cases only, once a Defence is filed with the court, the Court will schedule a date for a meeting between the parties and a Deputy Judge to discuss the case and to explore the possibilities of settlement. The settlement conference is not a trial and the judge cannot make a final decision (in most cases) as to the outcome of the case. If a settlement is not reached, then your case will be scheduled for a trial.

6. TENDING THE TRIAL: The Court will schedule a hearing date at which parties will be required to attend and present their case and any evidence. Witnesses can also give evidence at a trial. After hearing all of the evidence, the judge will decide the case and provide a written judgment. If you are successful, the court may order the other party to pay you the amount of money you are seeking or any other suitable remedy.

7. APPEAL: If you are unhappy with the outcome of your trial, it may be possible to appeal the judgment, however the reasons for appeal are limited as is the required timeline.

8. ENFORCEMENT OF JUDGMENT: If you obtained a judgment in your favor, the other party may pay you the amount they owe. If they fail to do so, your judgment can be enforced by the Sheriff’s office following additional procedures in the Small claims court, typically by garnishing a bank account or wage, or seizing property.

Please note the following services may be added for an additional fee:
- Filing and service of documents
- Preparation for your court appearance call for the Basic package