How to Sue Someone in Ontario Small Claims Court

You're owed money, the other side won't pay, and you've decided it's time to take them to court. In Ontario, claims up to $50,000 go to the Small Claims Court — a branch of the Superior Court of Justice designed for people to navigate without a lawyer. The process is systematic, but every step has specific forms, fees, and deadlines that must be followed exactly.

Step 1: Confirm Your Claim Fits

Before you file anything, verify three things:

The money owed is no more than $50,000. This is the Small Claims Court monetary ceiling (exclusive of interest and costs), raised from $35,000 on October 1, 2025 under O. Reg. 42/25. If your claim is above $50,000, you can abandon the excess to stay in Small Claims Court or file in Superior Court.

The limitation period hasn't expired. Under the Limitations Act, 2002, you have two years from the date you discovered (or should have discovered) the loss to start your lawsuit. After that, the claim is statute-barred.

The dispute belongs in Small Claims Court. Residential tenancy disputes go to the Landlord and Tenant Board. Construction lien claims go to Superior Court. The Small Claims Court handles money claims and personal property recovery only — no injunctions or family law matters.

Step 2: Send a Demand Letter

Not legally required, but doing it right gives you three advantages: it fixes the date for pre-judgment interest under Section 128 of the Courts of Justice Act, it shows the court you acted reasonably before suing, and it sometimes resolves the dispute without litigation.

Your demand letter should include the factual basis for the debt, the exact amount owed, a clear payment deadline (10 to 14 days is standard), and payment instructions. Send it by registered mail or courier so you have proof of delivery.

Step 3: Identify the Correct Defendant

This is where many claims go wrong. If you're suing an individual, use their full legal name. If you're suing a business, you need the exact corporate name — not the storefront sign or trade name.

Run a search through the Ontario Business Registry to confirm the legal name and registered address. For sole proprietors, name the individual "carrying on business as [trade name]" per Rule 5.06. For partnerships, you can sue in the firm name and serve individual partners with a Notice to Alleged Partner (Form 5A) if you want personal liability.

A judgment against the wrong entity name is unenforceable. The $8 to $12 registry search is the cheapest insurance in the entire process.

Step 4: File Your Claim

Complete a Plaintiff's Claim (Form 7A). This form requires:

• The full courthouse location
• Exact legal names and addresses for all parties
• The amount you're claiming (up to $50,000)
• Whether you're claiming interest
• A plain-language statement of the facts — what happened, what the other side did or failed to do, and what damages resulted

If your claim is based on a written document (contract, invoice, promissory note), attach a copy. If there are multiple plaintiffs or defendants, attach the Additional Parties schedule (Form 1A).

File through Justice Services Online (Small Claims Court E-Filing Service for liquidated claims, or Submissions Online for everything else) or in person at the court office. Pay the $108 filing fee ($228 for frequent claimants). The clerk issues your claim by assigning a court file number.

Step 5: Serve the Defendant

You have six months from the issue date to serve every defendant. Rule 8 of the Rules of the Small Claims Court specifies how:

Personal service means handing the claim directly to the individual. For a corporation, hand it to an officer, director, or facility manager.

Alternative service is available if personal service isn't practical. For individuals, leave a copy with an adult at their home and mail a second copy. For corporations, send it by registered mail to the registered office.

After serving, file an Affidavit of Service (Form 8A) — a sworn document proving the date, method, and location of service. Without it, the court won't accept that service was completed.

Step 6: Wait for the Response

The defendant has 20 calendar days after service to file a Defence (Form 9A). If they were served outside Ontario but within Canada or the US, the window extends to 30 days. Outside North America, 60 days.

If the defendant doesn't respond within the deadline, you can request a default judgment. For a fixed-sum debt (unpaid invoice, loan), the clerk signs the judgment directly using Form 11B. For unliquidated damages (property damage, breach without fixed pricing), you'll need an assessment hearing.

Step 7: Attend the Settlement Conference

If the defendant files a defence, the court schedules a mandatory settlement conference before a deputy judge. At least 14 days beforehand, serve and file copies of every document you plan to rely on at trial that wasn't already attached to your claim.

Settlement conferences are private and designed to explore resolution, narrow the issues, and set a trial timetable. You must attend personally (or through a representative with full authority to settle).

Step 8: Go to Trial

If the case doesn't settle, you pay the $308 trial-setting fee and the clerk schedules a hearing. Serve all documentary evidence, written witness statements, and expert reports on the opposing party at least 30 days before the trial date under Rule 18.02.

At trial, you present your evidence, the defendant responds, both sides cross-examine, and the judge delivers a decision — either from the bench or in a reserved written endorsement.

What Comes After

A judgment in your favour is a legal entitlement to the money, not the money itself. If the defendant doesn't pay voluntarily, you'll need to use enforcement tools — garnishment notices, writs of seizure and sale, or debtor examination hearings. That's a separate process with its own fees and procedures.

For the complete roadmap from demand letter through enforcement, including every form, fee, and deadline in order, see our Ontario Small Claims Filing Guide.

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