Filing a Small Claims Court Case in Ontario: A Newcomer's Complete Guide

If you are a newcomer to Canada and find yourself in a dispute over money, property, or services, Ontario's Small Claims Court may be the right place to seek resolution. Small Claims Court is designed to be accessible, affordable, and relatively straightforward compared to the Superior Court of Justice. Whether your landlord refused to return your deposit, a contractor did shoddy work, or someone owes you money, this court handles civil disputes up to $35,000 (excluding interest and costs). This guide will walk you through every step of the process.

Many newcomers feel intimidated by the Canadian legal system, and that is completely understandable. The good news is that Small Claims Court in Ontario was specifically designed so that ordinary people can represent themselves without a lawyer. The procedures are simplified, the forms are standardized, and the court staff (though they cannot give legal advice) can help you with procedural questions. Understanding your options is the first step toward protecting your rights.

What Small Claims Court Covers

Ontario Small Claims Court deals with civil disputes involving:

• Money owed — unpaid debts, loans, or wages
• Breach of contract — someone failed to honour an agreement
• Property damage — someone damaged your belongings or property
• Return of personal property — someone is holding your belongings
• Consumer disputes — faulty products or unsatisfactory services
• Landlord-tenant deposit disputes (note: most landlord-tenant matters go to the Landlord and Tenant Board)

The maximum claim amount is $35,000, not including interest and court costs. If your claim is for more than $35,000, you can either reduce your claim to fit within the limit (waiving the excess) or file in the Superior Court of Justice, which is significantly more complex and expensive.

Before You File: Demand Letter

Before starting a court case, you should send a demand letter to the person or business you have a dispute with. This is not legally required, but it is strongly recommended because:

1. It may resolve the dispute without going to court
2. It shows the court you made a reasonable effort to settle
3. It clearly states your claim and gives the other party a chance to respond

Your demand letter should include: your name and contact information, a clear description of the dispute, the amount you are claiming and why, any supporting evidence you have, a deadline (usually 10-14 days) to respond or pay, and a statement that you will file a court claim if the matter is not resolved. Keep a copy of the letter and proof that it was sent (registered mail or email with delivery confirmation).

Step-by-Step: Filing Your Claim

Step 1: Get the Plaintiff's Claim Form

You need Form 7A — Plaintiff's Claim. You can obtain this form from the Ontario Court Forms website or pick it up at your local Small Claims Court office. The form asks for your information (the plaintiff), the defendant's information, and the details of your claim. Be as specific as possible when describing what happened and what you are asking for.

Step 2: Determine the Correct Court Location

You must file your claim in the correct court location. Generally, this is the Small Claims Court closest to where the defendant lives or carries on business, or where the events giving rise to the claim took place. You can find court locations on the Ontario government website.

Step 3: File and Pay the Fee

Filing fees in Ontario Small Claims Court as of 2025-2026 are:

• Filing a claim (if you do not use the online filing portal) — $102.00 for claims up to $500; $235.00 for claims over $500
• Filing electronically through the Small Claims Court e-filing portal — reduced fees apply
• Filing a defence — $73.00
• Setting a matter down for trial (requesting a trial date) — $180.00 for an infrequent claimant

If you cannot afford the filing fees, you can apply for a fee waiver by filing Form 450 — Request to Waive Court Fees, along with proof of your financial situation. This is particularly relevant for newcomers who may be in a precarious financial position.

Step 4: Serve the Defendant

After filing, you must serve (deliver) a copy of the claim to the defendant. You cannot serve the documents yourself — it must be done by someone else who is at least 18 years old. Methods of service include personal service (handing documents directly to the defendant), service by mail, courier, or fax. Personal service is the most reliable method. After service, the person who served the documents must complete an Affidavit of Service (Form 8A) confirming how and when the documents were delivered.

Step 5: Wait for the Defence

The defendant has 20 days from the date of service to file a Defence (Form 9A). If they do not file a defence, you can ask the court for a default judgment, meaning you win because the other side did not respond.

The Settlement Conference

Before your case goes to trial, the court will schedule a settlement conference. This is a mandatory meeting with a judge or deputy judge who will try to help both parties reach a settlement. You must attend and bring all your documents and evidence. The settlement conference is an excellent opportunity to resolve the dispute without a trial. Many cases are settled at this stage.

At the settlement conference, the judge may give opinions about the strengths and weaknesses of each side's case, suggest a fair settlement, and make procedural orders about what will happen at trial if the case does not settle.

Going to Trial

If the settlement conference does not resolve the matter, the case will proceed to trial. At trial:

1. Both parties present their evidence and arguments
2. Witnesses may testify (you can require witnesses to attend by serving them with a Summons to Witness — Form 18A)
3. The judge makes a decision, usually on the same day or within a few weeks

You should bring organized copies of all documents, contracts, photographs, receipts, emails, and any other evidence that supports your claim. Practice explaining your case clearly and concisely. Remember, the judge wants to understand what happened, what you are asking for, and why you are entitled to it.

Getting Legal Help

While you can represent yourself, free or low-cost legal help is available:

• Legal Aid Ontario — Call 1-800-668-8258 or visit legalaid.on.ca for information about legal aid certificates and duty counsel services
• Community Legal Clinics — Ontario has over 70 community legal clinics that provide free legal services to low-income residents
• Pro Bono Ontario — Offers free legal advice through their hotline at 1-855-255-7256
• Law school clinics — Many Ontario law schools run free legal clinics supervised by licensed lawyers

For more information on understanding contracts and your legal rights in Canada, see our guide on Canadian contract law basics for newcomers. You can also use our chat tool to ask questions about your specific situation.

After the Judgment

If you win your case, the court will issue a judgment ordering the defendant to pay you. If the defendant does not pay voluntarily, you have enforcement options including garnishment of wages or bank accounts, a Writ of Seizure and Sale of property, and examination of the debtor's finances (called a "judgment debtor examination"). Enforcement involves additional forms and fees, but the court staff can help you understand the process.

Tips for Newcomers

• Language services — You have the right to an interpreter in court. Request one when you file your claim or contact the court office in advance.
• Keep all documents — Save every receipt, contract, email, text message, and photograph related to your dispute
• Meet deadlines — Court deadlines are strict. Mark all dates on your calendar and file documents on time.
• Be respectful in court — Address the judge as "Your Honour," stand when speaking, and dress appropriately
• Limitation period — In Ontario, you generally have 2 years from the date you discovered the claim to file a lawsuit. Do not wait too long.

Small Claims Court is a powerful tool for newcomers to protect their rights and resolve disputes fairly. While the process may seem daunting at first, thousands of people successfully represent themselves every year. Take your time to prepare, gather your evidence, and do not hesitate to seek help from the free legal resources available across Ontario.