Small Claims Court in Ontario: Process, Filing, and What to Expect

What Is Small Claims Court?

Small Claims Court is a division of the Ontario Superior Court of Justice that handles civil monetary disputes up to $50,000 (as of October 1, 2025) (as of 2020). It is designed to be faster, simpler, and less expensive than proceedings in the full Superior Court. Parties can represent themselves, though they may also be represented by a lawyer or paralegal licensed by the Law Society of Ontario.

Small Claims Court handles claims for money only. It does not grant injunctions, order specific performance, or resolve matters involving title to land. If your dispute involves non-monetary relief or exceeds the monetary limit, it belongs in the Superior Court of Justice.

The $35,000 Limit

If your claim is worth more than $35,000, you have a choice: you can reduce (or "abandon") the claim to $50,000 to remain in Small Claims Court, or you can pursue the full amount in the Superior Court of Justice (which involves a more complex and expensive process). Many claimants choose to limit their claim to $35,000 rather than navigate the Superior Court for a modest additional recovery.

Filing a Claim: Step by Step

1. Complete the Plaintiff's Claim (Form 7A)

The Plaintiff's Claim is the document that starts the proceeding. You must identify yourself (the plaintiff) and the person or business you are suing (the defendant), and describe clearly what happened and how much you are claiming. Be specific: set out the relevant dates, the nature of the dispute, how the loss arose, and the exact amount claimed, including how you calculated it.

2. File the Claim at the Courthouse

File the completed Form 7A at the Small Claims Court location for the region where the defendant lives or carries on business, or where the transaction occurred. Filing fees are currently $102 for claims up to $1,000, and $204 for claims between $1,000 and $50,000. Note: the monetary jurisdiction increased from $35,000 to $50,000 effective October 1, 2025 under O. Reg. 42/25. Once filed, the court issues the claim and assigns a file number.

3. Serve the Defendant

You are responsible for serving the defendant with a copy of the filed claim. Personal service (delivering directly to the individual) is the primary method. For corporations, you can serve an officer, director, or other responsible person at the business. You must file a completed Affidavit of Service (Form 8A) with the court proving service was effected.

Defending a Claim

A defendant who receives a Plaintiff's Claim has 20 days to file a Defence (Form 9A) at the courthouse. The Defence must respond to the allegations and set out the defendant's position. A defendant who fails to file a Defence within 20 days may have a default judgment entered against them without any further hearing.

A defendant who believes they also have a claim against the plaintiff (arising from the same transaction) may file a Defendant's Claim at the same time as the Defence.

The Settlement Conference

Before a matter proceeds to trial, a Settlement Conference is scheduled. A judge or deputy judge presides and facilitates discussion between the parties with the goal of resolving the dispute without a full trial. The settlement conference is not a trial: the judge does not decide the case, but may make recommendations. Both parties are expected to make genuine efforts to settle.

If the matter does not settle, the conference judge may also make orders about disclosure of documents, the issues to be tried, and the conduct of the trial.

The Trial

If the matter does not resolve at the settlement conference, it proceeds to trial before a judge or deputy judge of the Small Claims Court. Trials are generally less formal than Superior Court proceedings. Each party presents their evidence, examines witnesses, and makes arguments. The judge may ask questions and will deliver a decision (sometimes at the end of the hearing, sometimes in writing later).

Costs

Note on appeals: As of October 1, 2025, the appeal threshold also increased from $3,500 to $5,000. Final orders involving amounts under $5,000 (excluding costs) are no longer appealable to the Divisional Court.

Small Claims Court costs awards are limited. The losing party can generally be ordered to pay no more than 15% of the amount claimed as a contribution toward the other side's legal fees. Disbursements (filing fees, service costs) are also typically recoverable.

Enforcing a Judgment

Winning a judgment is not the same as getting paid. If the defendant does not voluntarily pay the judgment, you must take additional steps to enforce it: filing a writ of seizure and sale (which can attach to property and accounts), examining the debtor in court, or garnishing wages or bank accounts. Enforcement can be slow and is not guaranteed if the defendant has no assets.

Timelines

Small Claims Court is significantly faster than the Superior Court, but timelines still vary. After filing, a Notice of Settlement Conference is typically issued within a few months. Trials are scheduled after unsuccessful settlement conferences and may be several months away depending on the court location and current volumes. The full process from claim to trial commonly takes 12 to 24 months.