Small Claims Court Ontario | Step-by-Step Filing Guide with Quorex

What Is Small Claims Court in Ontario?

Small Claims Court is a branch of the Ontario Superior Court of Justice designed to resolve civil disputes involving amounts up to $50,000 (not including interest and costs). It's intentionally less formal than Superior Court — the rules are simplified, the process is faster, and most people represent themselves without a lawyer.

Common types of Small Claims Court cases include unpaid debts, breach of contract, property damage, consumer disputes, landlord-tenant damage claims (separate from the LTB), and personal injury claims under the monetary limit. If your claim exceeds $50,000, you can either reduce it to fit the limit (and waive the excess) or file in Superior Court.

Key Forms You'll Need

Small Claims Court uses standardized forms. Understanding which forms to use and when is critical:

Starting Your Case

• Form 7A — Plaintiff's Claim: The document that starts your case. You describe the facts, the legal basis for your claim, and the amount you're seeking. File this at the Small Claims Court office closest to where the defendant lives or where the dispute occurred.
• Form 9A — Defence: If you're being sued, this is your response. You must file it within 20 days of being served, or you risk a default judgment.
• Form 10A — Defendant's Claim: If the defendant wants to counter-sue, they file this along with their Defence.

During the Case

• Form 9B — Request to Clerk: Used to request various administrative actions (default judgment, assessment hearing)
• Form 13A — List of Proposed Witnesses: Served and filed at least 14 days before the settlement conference, with copies of the documents you rely on (r. 13.03)
• Form 14A — Offer to Settle: A formal written offer that has cost consequences if refused and the final judgment is less favourable (r. 14)

After Judgment

• Form 20C — Writ of Seizure and Sale of Personal Property: Allows the bailiff to seize and sell the defendant's personal property to satisfy the judgment (Form 20D is the writ against land)
• Form 20E — Notice of Garnishment: Allows you to garnish the defendant's wages or bank account
• Form 20H — Notice of Examination: Forces the defendant to appear and disclose their income, assets, and employment

The Small Claims Court Process

1. File your Plaintiff's Claim (Form 7A): Pay the filing fee ($108 (infrequent claimant) / $228 (frequent claimant)) and file at the court office
2. Serve the Defendant: You must personally serve the claim (or use an alternative method approved by the court). The defendant then has 20 days to file a Defence.
3. Settlement Conference: Before trial, both parties attend a mandatory settlement conference with a judge or deputy judge (r. 13). Its purpose is to try to settle the case or narrow the issues before trial.
4. Trial: If no settlement is reached, the case goes to trial. Each side presents evidence, calls witnesses, and makes arguments. The judge issues a decision.
5. Enforcement: If the defendant doesn't pay voluntarily, you use garnishment, seizure, or examination to collect.

Filing Fees

Small Claims Court fees in Ontario (official schedule, current as of October 1, 2025) are:

• Filing a Plaintiff's Claim (infrequent claimant, fewer than 10 claims a year at that court office): $108
• Filing a Plaintiff's Claim (frequent claimant): $228
• Filing a Defence: $77
• Filing a request for default judgment: $94 (infrequent) / $128 (frequent)
• Filing a Notice of Motion: $127
• Setting a date for trial or an assessment hearing: $308 (infrequent) / $403 (frequent)
• Enforcement steps (certificate of judgment, writs, garnishment, examination) carry their own fees — check the court's current fee schedule

Fee waivers are available for individuals who cannot afford the fees. You'll need to complete a Fee Waiver Request form and provide financial documentation.

Tips for Self-Represented Parties

• Write your Plaintiff's Claim in plain language — be specific about dates, amounts, and what the defendant did wrong
• Organize your evidence into a numbered, tabbed booklet for the judge
• Bring three copies of everything to court (one for you, one for the other side, one for the judge)
• Consider making an Offer to Settle (Form 14A) before trial — it can help you recover costs if you win
• If the defendant doesn't file a Defence within 20 days, immediately request a default judgment
• Don't forget enforcement — winning a judgment is only half the battle

Browse Ontario Court Forms → | Small Claims Court Overview →