Small Claims Court Ontario: How to Make or Defend a Claim (2026 Guide)

Someone owes you money and they are not paying. A contractor did poor work and refuses to fix it. A landlord is keeping a security deposit without justification. A sale went wrong and the seller will not make it right. These situations are frustrating, financially painful, and more common than most people realize. In Ontario, Small Claims Court exists specifically to resolve disputes like these in a forum that is designed to be accessible, relatively affordable, and faster than regular civil litigation.

Small Claims Court is a division of the Superior Court of Justice that handles civil money claims up to $35,000. It processes more claims than any other court in Ontario, and it is specifically designed to be navigated without a lawyer, though having legal advice, even just for an initial consultation, can significantly improve your chances of a good outcome. For claims close to the $35,000 maximum, in complex disputes, or when the defendant is a sophisticated party, a lawyer or licensed paralegal who speaks your language is a worthwhile investment.

This guide walks through how Small Claims Court works in Ontario from start to finish: what you can claim, how to file, what happens at a settlement conference, how a trial unfolds, and, critically, how to actually collect if you win. It also covers the defendant’s side of the process. For broader guidance on the legal system, see our guide on how to get legal advice in Ontario.

What Is Small Claims Court and What Can You Claim

The $35,000 Limit

Small Claims Court in Ontario handles civil claims for money up to $35,000, not including interest and costs. If your claim exceeds $35,000, you have two options: you can reduce (abandon) the excess and sue only for $35,000 in Small Claims Court, or you can bring the full claim in the Superior Court of Justice, which is more complex, more expensive, and takes longer.

The right choice depends on your specific circumstances. If your claim is $40,000 and you can reduce it to $35,000 without significant loss, Small Claims Court is almost always the better choice. If your claim is $150,000, the Superior Court of Justice is the appropriate venue despite its added complexity and cost.

What Small Claims Court Can Resolve

• Unpaid debts: loans between individuals, unpaid invoices, bounced cheques, amounts owed under a contract.
• Breach of contract: a party failed to deliver what was agreed, including service contracts, purchase agreements, and rental agreements.
• Property damage: someone damaged your vehicle, your property, or your belongings.
• Consumer disputes: a product or service was defective or not delivered as promised.
• Security deposits: a landlord wrongfully withheld a rent deposit or last month’s rent (though most landlord-tenant disputes belong at the Landlord and Tenant Board, not Small Claims Court).
• Employment disputes: wages owed, commissions unpaid, or other employment-related money claims under $35,000 (distinct from wrongful dismissal matters, which often involve larger amounts).
• Minor personal injury: damages for injuries caused by someone else’s negligence, within the $35,000 limit.

What Small Claims Court Cannot Do

• Award more than $35,000 (exclusive of interest and costs).
• Order someone to do something or stop doing something (injunctions are not available in Small Claims Court; you can only get a money judgment).
• Handle family law matters such as divorce, custody, or support.
• Handle criminal matters.
• Decide who owns land or real property (real property ownership disputes belong in the Superior Court).
• Force someone to return specific property (there is a writ of delivery available in limited circumstances, but Small Claims Court is primarily a money court).

Before You File: Important Steps

Send a Demand Letter First

Before filing a claim, send the other party a clear written demand for payment or resolution. A demand letter sets out what you are claiming, why you are entitled to it, and a reasonable deadline to respond (typically 14 to 21 days). It creates a record that you attempted to resolve the matter before going to court, which courts view favourably. It also gives the other party a final opportunity to pay or negotiate without the cost and inconvenience of litigation.

Keep the demand letter professional and factual. State the amount owed, the basis for the claim, and what you will do if payment is not received (file a claim in Small Claims Court). Send it by email and by registered mail to create a record of delivery.

Check the Limitation Period: This Is Critical

Ontario’s Limitations Act imposes a two-year limitation period on most civil claims. This means you generally have two years from the date you discovered (or ought reasonably to have discovered) that a claim exists to file your Plaintiff’s Claim in court. If you miss this deadline, your claim is extinguished regardless of how strong it is.

The two-year clock typically starts when you know (or should know) that a wrong has been done to you, who did it, and that a legal proceeding would be an appropriate way to seek a remedy. For a bounced cheque, this might be the date the cheque was returned. For a breach of contract, it might be the date the other party clearly refused to perform. For property damage, it might be the date the damage occurred. If you are close to the two-year mark, file your claim immediately and seek legal advice. A missed limitation period is almost always fatal to a claim.

Is It Worth Suing?

Winning in Small Claims Court and collecting the money are two separate things. A judgment is only as valuable as the defendant’s ability to pay. Before investing time, money, and stress in a lawsuit, consider whether the defendant likely has assets or income that can be seized or garnished to satisfy a judgment. A judgment against someone with no job, no bank account, and no assets is sometimes called a dry judgment: legally valid but practically worthless.

Also consider the total cost of pursuing the claim. Filing fees range from $102 to $316 depending on the claim amount. If you retain a paralegal or lawyer, add their fees. Attendance at hearings costs time, sometimes multiple days. If the defendant appeals or defends vigorously, the process can take a year or more. For small claims (under $5,000), the cost-benefit calculation often points toward settlement or simply moving on. For claims in the $15,000 to $35,000 range, litigation is much more likely to be economically justified.

Identifying the Right Defendant

You can only enforce a judgment against the person or entity you named correctly in the claim. Getting the defendant’s identity right is one of the most important and most commonly bungled parts of a Small Claims Court filing.

• Individual: use their full legal name and last known address.
• Sole proprietorship: if the business is a sole proprietorship operating under a trade name (e.g., ‘Mike’s Renovations’), you must name both the individual and the trade name. For example: ‘Michael Smith, carrying on business as Mike’s Renovations.’
• Corporation: use the full legal corporate name (e.g., ‘1234567 Ontario Inc., carrying on business as XYZ Contracting’). You can find the correct legal name by searching the Ontario Business Registry. If you sue a corporation under the wrong name, the judgment may not be enforceable against the entity that actually has assets.
• Partnership: name the partnership by its full name and, ideally, name one or more individual partners as well.

If you are unsure about the legal structure of the business you are suing, a brief consultation with a corporate lawyer can save you from having to amend your claim or, worse, having a valid judgment that is unenforceable. See our guide on starting a business in Ontario for an explanation of business structures that can help you understand how to identify the right defendant.

Filing Your Claim

The Plaintiff’s Claim Form (Form 7A)

To start a Small Claims Court action, you file a Plaintiff’s Claim (Form 7A) at the Small Claims Court office in the jurisdiction where the cause of action arose or where the defendant lives or carries on business. The form asks you to describe the claim, identify the parties, and state the amount you are claiming. Ontario also has an online filing system for Small Claims Court that allows you to file your Plaintiff’s Claim electronically and pay the fee online.

Attach any key documents to your Plaintiff’s Claim: the contract, the invoices, the demand letter, photographs of damage, text message exchanges, or any other evidence that supports your position. You are not limited to the documents attached to the claim, but attaching the most important ones from the start signals to the court and the defendant that your claim is supported by evidence.

Filing Fees

Filing fees are paid at the time of filing. If you win, you are generally entitled to recover the filing fee from the defendant as part of your costs award.

Where to File

You file your claim at the Small Claims Court in the jurisdiction (court location) where the defendant lives or carries on business, or where the cause of action (the event or transaction that gives rise to the claim) took place. If there are multiple defendants in different locations, or if the action could reasonably be filed in more than one jurisdiction, the plaintiff generally has the choice. Filing in a convenient location for you is a legitimate consideration.

Serving the Claim on the Defendant

After filing, you must serve the Plaintiff’s Claim on every defendant. Service is a formal legal act of delivering the court documents to the defendant in a manner that the law recognizes. A claim that is not properly served cannot result in a valid judgment. Service must be completed within six months of the claim being issued.

There are several permissible methods of service for a Plaintiff’s Claim. Personal service (handing the documents directly to the defendant) is the most straightforward and least disputable. Alternatives include service by regular lettermail at the defendant’s last known address (with deemed service 5 days later), service by courier, or service by email if the defendant has consented to or acknowledged service by email. For corporations, service can be made on an officer, director, or other representative at the registered head office. If you cannot locate the defendant to serve them, you can bring a motion for substituted service or to validate an irregular form of service.

After Service: What the Defendant Can Do

Filing a Defence

Once served, the defendant has 20 calendar days (if served in Ontario) or 40 calendar days (if served outside Ontario) to file a Defence (Form 9A). The Defence sets out the defendant’s response to the claim: which facts they admit, which they deny, and any legal defences they are raising.

Filing a Defendant’s Claim

If the defendant believes they have a counterclaim against you arising from the same or related circumstances, they can file a Defendant’s Claim (Form 9B) at the same time as their Defence. This is sometimes called a counterclaim. If the defendant has a separate, unrelated claim against the plaintiff, they must bring it as a separate action.

Default Judgment

If the defendant fails to file a Defence within the required timeframe, the plaintiff can request a default judgment. A default judgment is a judgment in your favour by reason of the defendant’s failure to respond, not on the merits of your claim. The court will review your claim and may sign judgment for the amount claimed, or set a date for an assessment of damages if your claim requires it. A default judgment can be enforced like any other judgment.

The Settlement Conference

In most cases, after the defendant has filed a Defence, the court will schedule a settlement conference. Attendance at the settlement conference is mandatory for all parties. The settlement conference is conducted by a deputy judge, who acts as a neutral mediator to help the parties explore settlement options. The deputy judge can express a preliminary view of the strengths and weaknesses of each side’s position, which often helps parties reach a realistic assessment of their case.

The settlement conference is not a trial. Evidence is not formally introduced and no binding judgment is made at the settlement conference itself (unless both parties agree to settle). Many Small Claims Court cases do settle at or shortly after the settlement conference. Cases that do not settle at the conference are scheduled for trial.

Prepare for the settlement conference as if you were going to trial. Organize your documents, know the key facts of your case, and have a clear sense of what outcome you are willing to accept. A party who attends the settlement conference unprepared signals weakness and undermines their own negotiating position.

Going to Trial

If the case does not settle, it proceeds to trial before a deputy judge. Small Claims Court trials are less formal than Superior Court trials, but they are still real court proceedings with real rules of evidence and real legal consequences. Evidence is sworn. Witnesses can be called and cross-examined. Documents must be introduced properly.

Preparing for Trial

Before trial, you must serve and file a list of proposed witnesses and a list of proposed documents at least 14 days before the trial date. Your documents should be organized chronologically and indexed. Bring multiple copies to court: one for the judge, one for the opposing party, and one for yourself. If you have witnesses, prepare them for what they will be asked and ensure they understand the process. Deputy judges expect parties (even self-represented ones) to present their cases in an organized and coherent way.

At the Trial

The plaintiff presents their case first, calling witnesses and introducing documentary evidence. The defendant then presents their case. Each side has the opportunity to cross-examine the other’s witnesses. Closing submissions (brief oral or written arguments summarizing the case) follow. The deputy judge may give a decision at the end of the trial or reserve judgment for a later date. Small Claims Court trials typically last one to several hours; complex cases can run longer.

Costs

If you win at trial, the court can award you costs in addition to the amount of your judgment. Costs in Small Claims Court are limited. You can generally recover your filing fee, service costs, and a representation fee of up to 15 percent of the amount claimed if you were represented by a lawyer or licensed paralegal. You cannot recover your full legal fees even if you win. This is an important point to understand when evaluating the economics of litigation.

Enforcing a Judgment: The Step Most People Forget

Winning a judgment in Small Claims Court is not the end of the process. A judgment is a court order saying the defendant owes you money. It does not force the defendant to pay automatically. If the defendant does not pay voluntarily within the timeframe the court has set, you must take enforcement steps to actually collect.

This is the part of Small Claims Court that most online guides underemphasize and that causes the most frustration for successful plaintiffs. Enforcement can be as much work as the original lawsuit, and in some cases more. Here are the main enforcement tools available in Ontario.

Examination of the Debtor

You can summon the judgment debtor (the person who owes you money) to a court examination to answer questions about their financial situation under oath. This allows you to find out their employer, their bank, their assets, and other information needed to enforce the judgment. If the debtor does not attend, they can be held in contempt of court.

Garnishment

Garnishment allows you to intercept money that a third party owes to the debtor and redirect it to you. The most common forms are wage garnishment (directing the debtor’s employer to deduct a portion of each pay cheque and forward it to the court for your benefit) and bank account garnishment (directing the debtor’s bank to pay funds from the account to satisfy the judgment). Garnishment requires filing specific forms and serving them on the third party (the employer or bank).

Writ of Seizure and Sale

A writ of seizure and sale can be filed with the sheriff’s office (the enforcement office) and registered against the debtor’s real property. If the debtor sells or refinances property in Ontario, the writ will appear in the title search and must be satisfied before the transaction can close. A writ of seizure and sale can also authorize the sheriff to seize and sell the debtor’s personal property.

What If the Debtor Has No Assets

If the debtor genuinely has no assets or income that can be seized or garnished, you hold a dry judgment: legally valid but practically unenforceable for now. A judgment in Ontario is valid for 20 years and can be renewed. If the debtor’s financial situation improves in the future, the judgment can be enforced at that point. In the meantime, a registered writ of seizure and sale will appear against any real property the debtor tries to sell or mortgage.

Defending a Claim Against You

If you are served with a Plaintiff’s Claim, do not ignore it. Ignoring a claim results in a default judgment against you, which is enforceable and will appear as a legal judgment that can be used against you. Even if you believe the claim is wrong, the correct response is to file a Defence.

When you receive a claim, read it carefully. Check whether the amount claimed is accurate, whether the plaintiff has correctly described the events, whether the limitation period had already expired when they filed, and whether they have named you (or your business) correctly. A claim with a wrong name, an expired limitation period, or factual inaccuracies all give you grounds to contest it. File your Defence (Form 9A) within the 20-day window (or 40 days if you were served outside Ontario) and respond specifically to each allegation in the Plaintiff’s Claim.

If you are a defendant in a Small Claims Court matter, an initial consultation with a lawyer or licensed paralegal is particularly valuable. The cost of a one-hour consultation is modest compared to the potential cost of an adverse judgment, enforcement proceedings against your wages or bank account, or a judgment registered against your property. See our guide on questions to ask before hiring a lawyer and our guide on the first legal consultation for guidance on getting the most out of that meeting.

Do You Need a Lawyer or Paralegal for Small Claims Court

Small Claims Court is explicitly designed to be accessible to self-represented parties. The rules, forms, and procedures are simpler than in higher courts, and court staff can provide procedural information (though not legal advice). Many people successfully handle straightforward Small Claims matters on their own.

That said, having legal representation or advice offers real advantages, particularly in the following situations. Your claim or defence is factually or legally complex. The defendant or plaintiff on the other side has a lawyer or paralegal. Your claim is close to the $35,000 maximum and the amount at stake justifies professional help. The case involves business disputes, contract interpretation, or professional negligence. You are unfamiliar with the rules of evidence or courtroom procedure. You are the defendant and a judgment against you could have serious financial consequences.

Lawyers vs Licensed Paralegals in Small Claims Court

Small Claims Court is one of the few courts in Ontario where licensed paralegals are authorized to represent parties in addition to lawyers. A licensed paralegal can represent you at every stage of the Small Claims Court process, from filing to enforcement, and typically charges less than a lawyer for the same Small Claims work. For straightforward disputes, a licensed paralegal is often the most cost-effective choice. For complex matters or claims close to the $35,000 maximum with significant legal issues, a lawyer’s depth of knowledge may be worth the additional cost. In either case, verify that the person you hire is licensed by the Law Society of Ontario. Only a licensed lawyer or licensed paralegal can legally represent you for a fee in Ontario courts. Our guide on do I need a lawyer or a notary in Canada explains the different types of legal professionals in Ontario.

Why a Lawyer or Paralegal Who Speaks Your Language Matters

Presenting your case in Small Claims Court requires clear, organized, precise communication: describing the facts accurately in your Plaintiff’s Claim, presenting your evidence at trial in a logical sequence, and responding effectively to cross-examination. If your first language is not English, doing all of this in a second language under the pressure of a court proceeding adds a layer of difficulty that can affect your outcome.

A lawyer or paralegal who speaks your language can help you describe your situation completely and accurately in the claim documents, prepare you for the settlement conference and trial in the language you think most clearly in, and ensure that no important detail is lost because the language barrier prevented you from communicating it. The difference between a well-prepared and a poorly prepared presentation of essentially the same facts can determine who wins at the settlement conference and who wins at trial.

Our Language Guides explain the legal landscape for specific communities across the GTA, including Mandarin, Cantonese, Hindi, Punjabi, Tamil, Korean, Italian, Portuguese, Ukrainian, Farsi, Arabic, Spanish, and French. For advice on finding a multilingual lawyer generally, see our guide on how to find a multilingual lawyer in Toronto.

How to Find a Lawyer or Paralegal for Small Claims Court in the GTA

To find a lawyer, visit the main lawyers directory, filter by your language and practice area, and narrow by location. For guidance on the first meeting, see our guide on the first legal consultation. For an explanation of how legal fees work in civil litigation matters, see our guide on how much a lawyer costs in Ontario and our guide on retainer agreements in Canada. Always confirm the lawyer is currently licensed by checking our verification process or the Law Society of Ontario’s public register. For those who cannot afford private legal fees, see our guide on Legal Aid Ontario and our guide on how to get legal advice in Ontario for free and reduced-cost options. For a guide on preparing yourself once you have retained a lawyer, see our guide on how to prepare for a legal case.

Frequently Asked Questions

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Small Claims Court procedures, filing fees, and limitation periods can change. Please consult a qualified lawyer or licensed paralegal for advice about your specific situation.