A Plaintiff’s Claim is the official legal document used to start a lawsuit in Ontario’s Small Claims Court. This form, known as Form 7A, outlines the details of your claim, including who you are suing, why you are suing them and the amount of money or remedy you are seeking.

If you are owed money, have suffered damages due to someone’s actions, or need compensation under a contract, filing a Plaintiff’s Claim is the first step to seeking justice.

Step-by-Step Guide to Making a Plaintiff’s Claim

If you’re considering suing someone in Ontario’s Small Claims Court, it’s important to understand the process to effectively manage your case. Here’s a step-by-step guide to help you navigate the procedure:

Step 1. Determine if Small Claims Court is the Right Choice

The Small Claims Court in Ontario handles civil disputes where the claim does not exceed $35,000, excluding interest and costs. If your claim surpasses this amount, you may choose to abandon the excess to remain within the Small Claims Court’s jurisdiction or pursue the case in the Superior Court of Justice.

Before filing, ensure that:

• The amount you are claiming is $35,000 or less (excluding interest and court costs).
• The claim is for money owed or damages resulting from a contract, negligence, or other legal issues.
• The claim is within the limitation period (generally 2 years from the event or discovery of harm).

If your claim is over $35,000, you can:

• Abandon the amount over $35,000 and proceed in Small Claims Court.
• File in the Superior Court of Justice, which allows for higher claims but is more complex and expensive.

Step 2. Complete the Plaintiff’s Claim (Form 7A)

Download Form 7A – Plaintiff’s Claim from the Ontario Court Forms website.

Key Sections of the Form:

• Plaintiff Information: Your full name, address, phone number, and email.
• Defendant Information: The full name, address, and contact details of the person or business you are suing.
• Details of the Claim: A clear and concise explanation of: what happened, why you are suing, how much money you are claiming. You have to include any supporting evidence (contracts, invoices, receipts, etc.).
• Relief Sought: The remedy you are asking for (e.g., money owed, damages, or performance of an obligation).
• Signature: The Plaintiff must sign and date the form.

Tip: Be specific and factual in your description. Clearly explain why the defendant owes you money or is responsible for damages.

Step 3. Attach Supporting Documents

To strengthen your case, include copies of key documents such as:

• Contracts or agreements showing your relationship with the defendant.
• Invoices and receipts proving money owed.
• Emails or text messages as proof of communication.
• Photos (if applicable, for property damage cases).
• Witness statements (if relevant).

Step 4. Identify the Appropriate Court Location

Once the form is complete, you must file it with the Small Claims Court in the proper jurisdiction. File your claim in a court location that is either:

• Where the event or dispute occurred, or
• Where the defendant resides or conducts business.

A list of court addresses is available on the Ministry of the Attorney General’s website.

Step 5. File Your Claim

Submit your completed Plaintiff’s Claim form to the appropriate Small Claims Court office. You can file in person, by mail, or online through the Small Claims Court E-Filing Service. Be prepared to pay the required filing fee, which varies depending on the method of filing and whether you’re a frequent claimant.

You can file your claim:

• Online using the Small Claims Court E-Filing Service
• In-person at the courthouse.
• By mail (check the court’s mailing address).

Filing fees

• $108 – If filing online.
• $102 – If filing in person or by mail.
• Payment is made via credit card (online) or debit/cash (in person).

Step 6. Serve the Defendant

After filing, you must serve (officially deliver) a copy of the issued Plaintiff’s Claim and any supporting documents to each defendant within six months. Service can be done personally or through alternatives like registered mail, depending on the circumstances. Detailed instructions on serving documents are provided in the Guide to Serving Documents.

How to Serve?

• Personal service (handing it directly to the defendant).
• Mail or courier (with proof of delivery).
• Email (if permitted by the defendant).
• Process Server (a professional document delivery service).

IMPORTANT: After serving, you must complete and file an Affidavit of Service (Form 8A) to prove the defendant received the claim.

Step 7. Wait for the Defendant’s Response

The defendant has 20 days to respond by filing:

• A Defence (Form 9A) if they disagree with your claim.
• A Counterclaim if they believe you owe them money.

If they do not respond within 20 days, you can request a default judgment.

Step 8. Settlement Conference

• If the defendant files a Defence, the court schedules a Settlement Conference where both parties meet with a judge to try to resolve the case.
• If no settlement is reached, the case proceeds to trial.

Step 9. Proceed to Trial (if necessary)

If the case isn’t resolved during the Settlement Conference, it will proceed to trial. At trial, both parties present their evidence and arguments, and a judge makes a binding decision.

Step 10. Enforce the Judgment

If you win the case and the defendant doesn’t voluntarily pay the awarded amount, you may need to take additional legal steps to enforce the judgment, such as garnishing wages or seizing assets.

Additional Considerations:

• Limitation Period: Generally, you must file your claim within two years of the incident or when you became aware of it. Missing this deadline can bar you from pursuing the claim.
• Legal Representation: While not required, consulting with a lawyer or paralegal can provide valuable guidance, especially for complex cases.
• Costs: Be aware of potential costs beyond filing fees, such as fees for serving documents, enforcing judgments, and possible legal representation.

Tips for Success

• Be prepared: Gather all documents, records, and evidence before filing.
• Use clear and simple language: Avoid unnecessary details but provide strong evidence.
• Meet deadlines: Missing deadlines can result in case dismissal.
• Consider legal help: You don’t need a lawyer, but consulting a paralegal or lawyer can improve your chances.
• Be professional and respectful: The judge will appreciate a well-organized and respectful presentation.

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Filing a Plaintiff’s Claim in Ontario Small Claims Court is a straightforward but structured process. By carefully completing Form 7A, filing correctly, serving the defendant, and preparing evidence, you increase your chances of a successful outcome.

Guides for Small Claims Court Matters

The Ministry of the Attorney General has a series of guides to Small Claims Court procedures which are available at court offices and online.

For more details, visit the Ontario Small Claims Court website