Ontario Small Claims Court Guide (Updated for 2026)

Who Can Use Small Claims Court?

You can bring a claim in Ontario Small Claims Court if:

• Your claim is for money or personal property (not family law, criminal, or employment insurance)
• The amount claimed, not counting interest and costs, is $50,000 or less (Courts of Justice Act, s. 23(1))
• You or the defendant live or carry on business in Ontario

Step 1: Prepare Your Claim

Gather evidence

• Contracts, invoices, receipts
• Photos, emails, text messages
• Witness statements or contact info

Calculate your damages

Include the money owed (principal), plus any:

• Interest: Under the Courts of Justice Act, you can claim pre-judgment interest at the prescribed rate — the rate changes quarterly, so use the current figure from the official rate table
• Costs: Court filing fees and reasonable out-of-pocket expenses

Remember: Your total must not exceed $50,000.

Step 2: File Your Plaintiff's Claim (Form 7A)

Where to file

You file in the Small Claims Court nearest to where the defendant lives or does business, or where the incident occurred. Find your courthouse at:

How to file

1. Download Form 7A (Plaintiff's Claim) from ontariocourtforms.on.ca
2. Fill it out completely (your info, defendant's info, facts, amount claimed)
3. Make 3 copies: one for you, one for the court, one for each defendant
4. File in person, by mail, or online with the filing fee — $108 as an infrequent claimant ($228 only if you have filed 10+ claims at that court office this calendar year). The fee does not depend on the amount claimed; confirm the current amount on ontario.ca
5. The court clerk will issue your claim with a court file number

Step 3: Serve the Defendant

You must serve (deliver) a copy of your claim to the defendant within 6 months of filing. Acceptable methods:

• Personal service: Hand-deliver by an adult (not you)
• Alternative service: Registered mail, courier, leaving it at their home/business
• Substituted service: If they're avoiding service, you can ask the court for permission to serve another way (e.g., email, social media)

After serving, file an Affidavit of Service (Form 8A) with the court as proof.

Step 4: Defendant's Response

The defendant has 20 days from being served to respond. They can:

• File a Defence (Form 9A): Dispute your claim
• File a Defendant's Claim (Form 10A): Countersue you
• Do nothing: You can request a default judgment (automatic win)

Step 5: Settlement Conference

Before trial, the court will schedule a settlement conference—a meeting with a judge or referee to try to resolve the case. You must:

• Bring all evidence and documents
• Be prepared to negotiate a settlement
• Listen to the judge's evaluation of your case

Result: If the case does not settle, it moves toward trial.

Step 6: Trial

If no settlement, you'll go to trial (usually 3–12 months after filing). At trial:

1. You (plaintiff) present your case first: Tell your story, submit evidence, call witnesses
2. Defendant presents their case: Their version, evidence, witnesses
3. Both sides can cross-examine: Ask questions of the other side's witnesses
4. Judge makes a decision: Either immediately or in writing later

Tips for trial

• Be organized: number your documents, prepare an outline
• Stick to facts: no arguing or emotions
• Speak clearly and directly to the judge
• Bring 3 copies of everything: one for you, one for the judge, one for the defendant

Step 7: Enforcement

If you win but the defendant doesn't pay, you can enforce the judgment:

• Writ of Seizure and Sale (Form 20C): Seize and sell their property
• Garnishment (Form 20E): Take money from their bank account or wages
• Examination Hearing (Form 20H): Force them to disclose their assets

Enforcement costs money (filing fees) and time, so consider whether it's worth it.

Resources

• Ontario Small Claims Court – Official Site
• Ontario Court Forms
• Legal Aid Ontario
• Quorex Small Claims Journey Tool