Small Claims Court, answered plainly.
Fifty of the questions Ontarians ask us most often, grouped so you can find yours quickly. General information only — not legal advice for your specific situation.
10 Questions
The Basics
What is Ontario Small Claims Court?
It is a branch of the Superior Court of Justice that handles civil money and property disputes up to a set limit, using simplified rules so people can participate without a lawyer.
How much can I sue for in Small Claims Court?
The monetary limit is $50,000, not counting interest and costs. Claims above that amount belong in the Superior Court unless you give up the excess.
Can a paralegal represent me in Small Claims Court?
Yes. Paralegals licensed by the Law Society of Ontario are authorized to represent clients in Small Claims Court, including at trial.
Can I represent myself?
You can. The rules are simplified for that reason. Many people still choose representation because deadlines, service and evidence rules are easy to get wrong.
What kinds of cases can Small Claims Court hear?
Money owed under a contract, unpaid invoices, loans, damage to property, and the return of personal property valued within the limit.
What cases can Small Claims Court not hear?
It cannot deal with matters like family law, most residential tenancy disputes (those go to the Landlord and Tenant Board), title to land, or claims above the monetary limit.
Where do I file my claim?
Usually in the court location where the defendant lives or carries on business, or where the events giving rise to the claim happened.
Do I need a lawyer?
No. You may represent yourself, hire a licensed paralegal, or hire a lawyer.
Is Small Claims Court public?
Yes, hearings are generally open to the public and court records are largely public documents.
Can a corporation sue or be sued in Small Claims Court?
Yes. A corporation is normally represented by a licensed representative or, in limited circumstances, an authorized officer or employee.
10 Questions
Starting a Claim
How long do I have to start a claim?
Generally two years from when you knew or ought to have known about the claim, under the Limitations Act, 2002. Some claims have different rules.
What is a Plaintiff's Claim?
It is the court form that starts your case. It names the parties, states what happened, and sets out what you want the court to order.
Do I have to send a demand letter first?
It is not required, but a written demand often prompts payment and shows the court you tried to resolve matters.
How do I know who to name as the defendant?
You must name the correct legal entity — the registered business name, the corporation, or the individual. Naming the wrong party is a common and costly error.
What if I do not know where the defendant lives?
You may need to locate them before service. The court can, in some circumstances, allow substituted service.
Can I claim interest?
Yes. You can usually claim interest under a contract or under the Courts of Justice Act, plus interest after judgment.
Can I add court costs to my claim?
You can ask for costs and disbursements, but the amount awarded is limited by the Rules and decided by the judge.
What if my claim is worth more than $50,000?
You can abandon the amount over the limit and proceed in Small Claims Court, or bring the claim in Superior Court where costs and procedure are more involved.
Can I sue more than one person for the same problem?
Yes. You can name multiple defendants where each may be responsible.
How do I serve the claim?
The Rules of the Small Claims Court set out permitted methods, including personal service and certain alternatives. Proof of service must be filed with the court.
12 Questions
Common Situations
Can I sue a contractor for bad work?
Yes, if the work was deficient, incomplete or abandoned and your loss is within the monetary limit. Photos, the contract and an independent estimate to fix the work all help.
Can I sue for an unpaid invoice?
Yes. Unpaid invoices are one of the most common Small Claims matters.
Can I sue my landlord in Small Claims Court?
Most residential tenancy disputes go to the Landlord and Tenant Board instead. Some claims, such as those made after the tenancy ends or outside the Board's jurisdiction, may belong in Small Claims Court.
Can I sue my tenant?
Rent arrears and damage claims for a current residential tenancy generally go to the Landlord and Tenant Board. Small Claims Court may be available in certain circumstances, such as after the tenant has moved out.
Can I sue over a car accident?
You may be able to claim for property damage and certain uninsured losses within the limit. Injury claims are often more complex and may exceed the limit.
Can I sue someone who borrowed money and never repaid it?
Yes. Bank records, e-transfers and messages discussing repayment are strong evidence even without a formal loan agreement.
Can I sue for a deposit that was not returned?
Yes, where the other party failed to deliver the goods or services the deposit was paid for.
Can I sue an online seller?
Possibly, depending on where the seller is located and whether the Ontario court has jurisdiction over them.
Can I sue my employer for unpaid wages?
There are several routes, including the Ministry of Labour and the courts. Which is best depends on the amount and the type of claim.
Can I sue for damage to my property by a neighbour?
Yes, where you can show the neighbour caused the damage and prove the cost of repair.
Can I sue a business that refuses a refund?
Consumer disputes are common in Small Claims Court, especially where a product or service was misrepresented.
Can I sue for emotional distress?
Claims of that nature are legally complex and are not always available. Have the facts reviewed before assuming a claim exists.
8 Questions
Defending a Claim
I was served with a claim. What do I do first?
Note the date you were served and get the claim reviewed immediately — the response deadline runs from that date.
How long do I have to file a Defence?
Generally 20 calendar days after being served with the Plaintiff's Claim.
What happens if I do nothing?
You can be noted in default and judgment can be granted against you without the court hearing your side.
Can a default judgment be set aside?
Sometimes. The court looks at the reason for the delay, how promptly you moved, and whether you have a defence worth hearing.
Can I sue the plaintiff back?
Yes, through a Defendant's Claim, if you have a related claim against them.
What if someone else is really responsible?
You may be able to bring that person into the case as a third party.
Can I admit part of the claim and dispute the rest?
Yes. A Defence can admit some allegations, deny others, and propose payment terms for what is owed.
What if I cannot afford to pay a judgment?
You can propose payment terms. The court can consider your financial circumstances at certain stages.
10 Questions
Hearings, Costs & Enforcement
What is a settlement conference?
A mandatory meeting before a judge who helps the parties narrow the issues and explore settlement before trial.
Do I have to attend court in person?
Some events are heard in person and others remotely. Your licensed representative can attend for you in many circumstances.
How long does a Small Claims case take?
It depends on the court location and complexity. Some matters resolve in a few months; contested trials frequently take a year or more.
What evidence do I need?
Contracts, invoices, receipts, photos, messages, and witnesses who can speak to what happened. Documents must be shared with the other side ahead of the hearing.
Can I bring witnesses?
Yes, and you can summons a witness who will not attend voluntarily.
Can I recover my legal costs if I win?
The court may award costs, but Small Claims Court awards are limited by the Rules and are discretionary.
What happens after I get a judgment?
The judgment confirms the debt. If it is not paid voluntarily, you must take enforcement steps to collect.
How do I enforce a judgment?
Enforcement options can include garnishing wages or bank accounts, a writ of seizure and sale, or examining the debtor about their finances.
What if the debtor has no money?
A judgment is generally enforceable for a number of years and can be renewed, so circumstances may improve. Collection is never guaranteed.
Can I appeal a Small Claims judgment?
Appeals from Small Claims Court go to the Divisional Court and are subject to strict deadlines and thresholds.
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Keep Reading
Explore the Small Claims hub
Small Claims Court
The complete guide to claims up to $50,000 in Ontario.
Read moreRecover Money Owed
Suing for unpaid invoices, deposits, damages and broken contracts.
Read moreDefending a Claim
Served with a claim? Deadlines, defences and next steps.
Read moreThe Court Process
Every stage from first call to enforcing a judgment.
Read moreFees & Court Costs
How our fees work and what the court charges.
Read moreFree Case Assessment
Tell us what happened — we reply within 24 hours.
Read moreNeed something else? Contact Aria Legal or browse our other services: Landlord & Tenant Board, Traffic Tickets, Notary Services.
