In Ontario, the Small Claims Court is a branch of the Superior Court of Justice. The small claims courts are meant to be an easier and less expensive way to resolve disputes, than in the higher courts. Small Claims Court procedure is regulated both by provincial legislation and rules. Small claims procedure is simplified with no strict pleadings requirements, no formal discovery process and parties costs may be limited. For example, the forms in Small Claims Court use a fill-in-the-blank style.
Ontario Small Claims Court Overview
The person or business starting the case is called the plaintiff. The person or business being sued is called the defendant.
Reasons to Make a Claim in Small Claims Court
- Your customer does not want to pay the invoice for your services that you have delivered to them?
- A year and a half has passed already but your neighbour has not returned $3,000 that you borrowed him for a month to buy his car?
- Your favourite pants and sleeves of your formal black suite became 3 inches shorter after dry cleaning?
- Did it take 3 months for the electrician that you invited to install pot lights in your kitchen instead of 1 week that you agreed upon?
- Do you think your were dismissed wrongfully?
- The plumber who you hired to fix your shower smashed pink marble tiles in your bathroom?
- Are you going to be sued and do not know how to defend yourself?
The list of reasons to make a claim in Small Claims Court can be continued “Ad Infinitum”. Although, you do not need a lawyer or paralegal when you go to Small Claims Court, to have a knowledgeable and experienced party to defend your case is a good idea.
Small Claims Court is an option for Ontarians and businesses with monetary disputes up to $35,000.
In Small Claims Court you can only sue for money or the return of personal property.
If the amount of your claim is more than $35,000, you cannot, for example, divide $30,000 into a $25,000 claim and a $10,000 claim in order to have the total amount dealt with in two cases.
If the amount of your claim is more than $35,000, you can still go to Small Claims Court, BUT:
- You will have to give up any money that you are owed over $35,000.
- You will have to give up your right to sue for this money in any other court.
!!! You can make a claim in Small Claims Court if the case is less than $500 !!!
TYPES OF THE SMALL CLAIMS COURT DISPUTES
The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $35,000, excluding interest and costs such as court fees.
The Small Claims Court hears disputes on a wide range of matters:
- contracts for goods and services
- debt collection
- damage to real and personal property
- services rendered
- trespass
- professional malpractice and negligence
- tort actions (wrongful acts that result in damages or injury)
- consumer issues
- N.S.F. cheque
- unpaid invoice/accounts for goods or services sold and delivered
- promissory note
- Landlord/Tenant disputes (rent arrears, failure to return security deposit, destruction of rental property);
- breach of warranty (claim that an item purchased does not work the way it is supposed to work)
Disputes involving title to property or land, slander, libel, bankruptcy, false imprisonment or malicious prosecution must be handled in a superior court and cannot be determined in small claims courts.
CHOOSING A SMALL CLAIMS COURT LOCATION
You must file your claim in the Small Claims Court office in the area where one of these conditions applies:
- where the problem occurred (the location of the cause of action);
- where the party against whom the claim is filed (the defendant) lives or carries on business;
- where the nearest small claims court office location to the place where the defendant lives or carries on business.
THE SMALL CLAIMS COURT FEES
You must pay a fee to file a claim or defence in a Small Claims Court and for most steps in a proceeding, such as filing a motion, requesting a trial date, and taking steps to enforce a judgment. The number of steps in a proceeding varies from case to case.
There are also fees and allowances that you must pay to witnesses you have summoned for their attendance and travel to court. In addition, you will have to pay for any interpreters you or your witnesses require, other than bilingual (English or French) and sign language interpretation
If you are successful and are granted a judgment, the judgment may include the fees you have paid. If the debtor refuses to pay even after you have a judgment, additional fees must also be paid to enforce (attempt to collect) the judgment, e.g. if you ask the Enforcement Office to seize and sell the debtor’s assets so that you can be paid what you are owed.
Some of the Small Claims Court Fees
An infrequent claimant will pay:
- $108 for filing a claim
- $94 for filing of a request for default judgment
- $108 for filing of a defendant’s claim
- $77 for filing of a defence
- $33 for issuing a summons to a witness
- $127 for preparing and filing a consolidation order
- $308 for setting a date for a trial or an assessment hearing
- $127 for filing a Notice of Motion for an Assessment in Writing
Court fees can be paid by cash, cheque or money order payable to the Minister of Finance.
The Ontario Government introduced a fee waiver certificate for persons who may be denied access to justice because of their financial circumstances. If you cannot afford to pay court filing or enforcement fees, you may request a fee waiver. The fee waiver applies to most fees in Small Claims Court proceedings.
SMALL CLAIMS COURT PROCEEDINGS
Completing the Plaintiff’s Claim form
When you fill out the Plaintiff’s Claim form be sure to:
- Get the defendant’s name right, including any corporate name
- Explain what happened in detail.
- Include dates and places.
- State how much money you want or what goods you want returned.
- Explain how you figured out the amount or why you should get the goods.
- If you want interest on the money requested, ask for it on the Plaintiff’s Claim.
- Attach copies of any documents that support your case.
Filing the claim
You need to decide which Small Claims Court to go to. If you are not sure where to go, you can phone the court in the location you have in mind to check if it is the right court. You can find the phone number on the Ministry of the Attorney General website. Bring to the court office the original and a copy for each defendant:
- the Plaintiff’s Claim form; and
- the documents that support your case
Paying Small Claims Court Fees
You have to pay all applicable fees.
Serving the Plaintiff’s Claim
After you have filed the claim with the court, you must deliver a photocopy of the claim and your documents to each defendant. This is called serving the defendants. There are different rules for serving different kinds of documents.
If you have filed a claim and the defendant has not filed a defence within 20 days, you can ask the court clerk to note the defendant in default. You do this by filing a Request to Clerk form. You must prove that the defendant was properly served with the claim. You do this by filing an Affidavit of Service form. When a defendant has been noted in default you can ask the court to order them to pay money to you. This can be done by:
- Asking the court clerk to sign default judgment for a specified sum of money for that you must fill out and file a Default Judgment form; or
- Asking a judge to order default judgment. To do this, you file a Notice of Motion and Supporting Affidavit form. Explain the facts supporting your motion.
Settlement Conference
Both parties should go for a settlement conference – a meeting with the parties and a judge to try to find an answer to the case that all parties can agree to. It must be held no later than 90 days after the first Defence is filed.
There is a special rule for claims that are less than $2,500. The parties can agree to have a judge decide the case at the settlement conference. To agree to this, the parties must fill out a Consent form. The judge would decide the case at the settlement conference only if the parties could not reach a settlement. If the judge decides the case at the settlement conference, the case ends and there is no trial.
At the trial each party tells their side of the story and the judge makes a decision.
Small Claims Court Procedures
The number of steps in a Small Claims Court proceeding varies from case to case. Generally, there are 2 types of Small Claims Court procedures: defended and undefended claims:
Small Claims Court Steps (where claim is defended)
1. Plaintiff’s Claim
2. Affidavit of Service
3. Defence
- Settlement Conference
4. Defence with Proposed Terms of Payment
- Terms of Payment Hearing (Optional)
- Terms of Settlement
- Motion to vary terms of settlement
5. Trial
- Enforce judgment, or
- Appeal to Divisional Court
6. Order
- Notice of default of payment
- Affidavit of service and Affidavit of default of payment
- Default judgment
- Enforce judgment
Small Claims Court Steps (where claim is undefended)
1. Plaintiff’s Claim
2. Affidavit of Service
3. Request to Note In Default
- Default Judgment
- Assessment for Damages
4. Motion to Set Aside Judgment
5. Enforce Judgment
Appeal
If the case involves $2,500 or more, you can appeal the judge’s decision to the Divisional Court. To win the appeal you would have to show that the Small Claims Court judge made a mistake. The Divisional Court will not listen to any new evidence from you. It will only look at what was said and done at the Small Claims Court trial.
Updated: January 13, 2025
