Picture a hypothetical landscaper in Springdale who finished a $6,400 job in the spring. The customer stopped answering in June. Three polite reminders later, there is still no payment, and the landscaper starts wondering whether going to court is even realistic for a sum of that size. For most disputes like this one in Ontario, the answer runs through Small Claims Court.
The court was designed so that ordinary people and small businesses could bring a money dispute without the cost and formality of a full Superior Court action. The forms are short, the language is meant to be non-technical, and many people appear without a lawyer. That said, it is a real court. A claim against the wrong party, or a document that was never properly served, can cost you months. A judgment also does not put money in your pocket by itself.
This article is general information about how the process works in Ontario. It is not legal advice about your situation, and the facts of a dispute can change what the right step is.
First, Check That This Is the Right Court
Small Claims Court hears two kinds of cases: claims for money, and claims to get back personal property, where the amount or value is $50,000 or less. Interest and costs are not counted in that figure. If your loss is larger, you can give up the excess and sue for $50,000 in Small Claims Court, or you can start in the Superior Court of Justice. If you choose to waive, the excess is gone for good, so weigh the likely extra cost of Superior Court against what you would be surrendering.
You cannot cut a large claim into pieces to fit under the limit. The Small Claims Court Rules prohibit dividing one cause of action into several actions for that purpose. Going the other direction also has limits: an action that falls within the Small Claims Court’s jurisdiction generally cannot be started in the Superior Court without leave.
Some disputes belong elsewhere altogether. This court cannot order someone to do a thing such as transfer land, and it does not deal with family matters. Most residential landlord and tenant disputes go to the Landlord and Tenant Board. A construction lien claim must be enforced in the Superior Court. If you are not sure where your dispute fits, our overview of small claim matters explains the kinds of files that usually land here.
Also check the calendar. In most cases you have two years from the day you discovered the claim to start a lawsuit. A claim issued after that period may be dismissed regardless of how strong it is, so an old unpaid invoice deserves an immediate look.
Before spending a filing fee, ask a blunt question: if you win, can this person or company actually pay? A court order against a dissolved corporation or a person with no income and no assets may be worth little today. Look for signs that there is something to collect from: a business that is still operating, a known employer, a bank account you have seen on a cheque or e-transfer, real property, or equipment.
Consider also what the case will cost you in time. A hypothetical contractor owed $2,000 may lose several working days between preparing documents, attending a settlement conference and attending trial. That can still be worth doing as a matter of principle or cash flow, but it should be a deliberate choice. Sending a clear written demand first is often sensible. It gives the other side a last chance, and it shows the court you acted reasonably.
Name the Right Defendant
This is where many first-time plaintiffs stumble. If you contracted with a corporation, your claim is generally against the corporation, and its owner is not automatically liable. If the business is a sole proprietorship, the claim is against the individual who owns it, and you can describe them as carrying on business under the trade name. The name on a truck or a storefront in a plaza on Queen Street may not be the legal name of anyone at all.
For a business, search the Ontario Business Registry to find the exact corporate name and registered address. Check the contract, invoices, cheques and HST number too. If more than one person may be responsible, such as a company and someone who personally guaranteed its debt, you can name both, and each must be served.
A judgment against a misnamed party can be very difficult to enforce, so an hour on this step can save a great deal of trouble later.
Prepare and File Your Plaintiff’s Claim
The claim is Form 7A. It should set out, in concise and everyday language, who the parties are, what happened, when and where it happened, and how much you want. If you rely on a document such as a contract or an invoice, attach a copy. If you do not have one, say why, since the court will wonder.
Write it like a short chronology. A useful claim might read: the agreement was made on a certain date; the plaintiff did the work between two dates; the invoice for a stated amount was sent; a part payment was received; the balance is unpaid despite written demand. Leave out insults and speculation about motive. The judge wants facts.
Ask for interest. If your contract sets a rate, claim that rate and attach the contract. Otherwise, you may claim interest under the Courts of Justice Act. Claim your costs as well.
As for where to file, the rules generally require you to start in the territorial division where the events giving rise to the claim occurred, or where a defendant lives or carries on business, or at the court location nearest to where a defendant lives or carries on business. In Brampton, the Small Claims Court office is listed by the Superior Court of Justice at 7765 Hurontario Street, next to the main courthouse at 7755 Hurontario Street. Check the court’s Brampton location page before you travel. Eligible claims can also be filed online. CLEO’s free Guided Pathways tool can help you complete the forms, and court staff can answer procedural questions, though they cannot give you legal advice or fill out the form for you.
An infrequent claimant pays $108 to file a claim, according to Ontario’s published fee schedule at the time this was written. Those who file 10 or more claims in the same office during a calendar year pay a higher frequent-claimant fee. Fees are adjusted from time to time, so confirm the amount before you file. A person who cannot afford the fees can ask about a fee waiver.
Serve the Claim Properly
Once the claim is issued, you have six months to serve it on each defendant, although the court can extend that time. The rules describe personal service, such as leaving a copy with an individual, and specific alternatives to personal service. For corporations and for people who cannot be reached personally at home, the rules give particular methods that must be followed.
You can usually arrange service through a friend, a process server or someone else, and you need written proof. Form 8A, the affidavit of service, states who served what, on whom, when, where and how. Keep a copy. If the defendant later says they never received the claim, this document becomes important.
Think twice about simply emailing the claim to someone or sending a photo over text. Unless the rules or a court order permit it, informal delivery may not count, and any default judgment resting on it may be vulnerable.
What Happens After Service
A defendant has 20 days after being served to file a defence. From there, the path can go several ways:
- No defence is filed. You can ask the clerk to note the defendant in default. If your claim is for a fixed debt, such as an invoice amount, the clerk may sign default judgment. If the amount needs to be proven, such as the cost of fixing poor work, you may need a motion or an assessment hearing.
- The defendant admits some or all of it and proposes payment. The defence can include proposed terms. If you do not dispute the proposal within the time allowed, the defendant must pay according to those terms. If you do dispute them, the clerk can arrange a hearing.
- The defendant disputes the claim. A settlement conference will be scheduled, normally within 90 days of the first defence being filed.
- The defendant sues you back. A defendant’s claim can be filed against you, and you then have 20 days to respond with your own defence.
Calendar these dates and watch for mail from the court. Missing a step in your own lawsuit can be just as damaging as missing a step in someone else’s.
The Settlement Conference
Every defended action goes through a settlement conference before trial. A judge or referee meets privately with the parties, identifies the real issues, and encourages resolution. Discussions at the conference stay confidential, and the trial will be heard by a different judge if the matter does not settle.
At least 14 days before the conference, each party must serve on every other party and file with the court a copy of any document they intend to rely on that was not attached to their claim or defence, including any expert report, as well as a list of proposed witnesses (Form 13A). Treat this seriously. Bring originals, a calendar of events, a clear calculation of what you claim, and the authority to settle.
It is often a useful reality check. You will hear the other side’s explanation, perhaps for the first time, and a judge may candidly flag gaps in your evidence. Many cases resolve here. If you settle, put the terms in writing, including the payment date and what happens if payment is missed.
You can also make a written offer to settle at any stage. If you offer to accept a certain sum at least seven days before trial, the offer stays open, and you then get a judgment at least as good as your offer, the court has a discretion to order that the defendant pay up to double the usual costs, excluding disbursements. A reasonable offer can therefore put real pressure on the other side.
Preparing for Trial
If the case does not settle, either party may ask the clerk to set a trial date by filing a request and paying the fee, which is $308 for an infrequent claimant on the published schedule. Trials before a deputy judge are less formal than in the Superior Court, but the fundamentals are the same: you give sworn evidence, the other side can question you, and the judge decides on the balance of probabilities.
Organise your case around what you must prove. For an unpaid invoice, that is usually the agreement, the work, the invoice, the non-payment and the amount. For poor workmanship, you may need photographs and an estimate or report from someone qualified. A signed written statement or report served on all parties at least 30 days before trial can generally be received in evidence, unless the judge orders otherwise, but the other side may be able to summon that person for questioning. If a witness is reluctant, you can ask the clerk for a summons.
Attend on time. Arrange an interpreter in advance if you need one. A party who fails to attend may have judgment entered against them, and setting that aside requires a timely motion.
Costs, Winning and Losing
The court can order the losing party to pay reasonable disbursements, such as filing fees and the cost of service. Costs other than disbursements are generally capped at 15 per cent of the amount claimed, unless the court considers it necessary to penalize unreasonable behaviour. A self-represented party may be awarded up to $500 for inconvenience and expense. So you should not expect to recover everything you spent, and if you lose, you may have to contribute to the other side’s costs.
An appeal goes to the Divisional Court only from a final order for more than $5,000, excluding costs. The time to appeal is short, generally 30 days, so anyone considering an appeal should get advice without delay.
Winning is the midpoint rather than the end. If the other party does not pay voluntarily, you may need to use enforcement tools such as a debtor examination, garnishment, or a writ of seizure and sale. Those steps have their own forms and fees, and they are often where the dispute is truly won or lost. A claim sitting idle also carries a risk: the clerk can dismiss an undefended or unmoved action for delay after two years, unless a step has been taken or a court orders otherwise.
When Legal Help Is Worth Considering
Many people handle a simple debt claim themselves. Getting advice can be sensible where the amount is close to the limit, a contract is complicated, you are suing several parties, a limitation period may have passed, or the other side has hired a lawyer. Sometimes a single consultation at the start, or some help preparing for the settlement conference, is enough. Lawyers and licensed paralegals may appear in Small Claims Court, and the Law Society of Ontario regulates both.
If you want to talk through a dispute with Sawan Law House LLP, you can contact the office with your documents and the key dates. Either way, keep your paperwork together and your deadlines in view. A calm, well-organized claim tends to be taken more seriously, by the other side and by the court.