Ontario Small Claims Court: Rules, Process and What to Expect

The Ontario Small Claims Court handles more civil disputes than any other court in the province, yet most people facing their first claim have no idea how it actually works. If someone owes you money and you want it back without hiring a lawyer, this is the forum designed for you — but the rules are specific, the deadlines are strict, and a procedural mistake can derail a perfectly valid claim.

What the Small Claims Court Actually Is

The Small Claims Court is a branch of the Superior Court of Justice of Ontario. Its authority comes from Sections 22 through 33.1 of the Courts of Justice Act, and its day-to-day procedure is governed by the Rules of the Small Claims Court, O. Reg. 258/98.

The court's stated objective under Rule 1.03 is to secure "the just, most expeditious, and least expensive determination of every proceeding on its merits." In practical terms, that means simpler paperwork than the Superior Court, no mandatory lawyers, and hearings designed to move faster.

As of October 1, 2025, the monetary jurisdiction was raised from $35,000 to $50,000 CAD (exclusive of interest and costs) under Ontario Regulation 42/25. The court adjudicates civil actions for the payment of money or recovery of personal property up to that ceiling. It cannot grant injunctions, order specific performance, or handle family law matters.

Who Can Represent You

You have several options for representation:

• Self-representation — the most common choice, and the court is designed to accommodate it
• Licensed paralegals — regulated by the Law Society of Ontario, authorized to represent clients in Small Claims Court
• Lawyers — licensed barristers and solicitors
• Unpaid agents — a friend or family member, with written court permission
• Corporate employees — an officer or regular employee authorized in writing can represent a company

For claims under a few thousand dollars, professional representation often costs more than the amount at stake. Most people represent themselves, and the court expects it.

The Filing-to-Judgment Process

A typical Small Claims Court action moves through these stages:

1. Pre-filing. You send a demand letter to the person who owes you money. This is not legally required, but it fixes the date for pre-judgment interest and demonstrates reasonable behaviour to the court.

2. Filing your claim. You complete a Plaintiff's Claim (Form 7A), pay the $108 filing fee (infrequent claimant), and file through Justice Services Online or at the court office. The clerk issues your claim by dating, signing, and sealing it with a court file number.

3. Serving the defendant. You have six months from the issue date to serve every defendant — either personally or by an approved alternative method under Rule 8. After service, you file an Affidavit of Service (Form 8A) to prove it was done.

4. Waiting for a response. The defendant has 20 calendar days to file a Defence (Form 9A). If they don't, you can request a default judgment.

5. Settlement conference. If the defendant files a defence, the court schedules a mandatory settlement conference before a deputy judge. Both sides must attend with full authority to settle.

6. Trial. If the settlement conference doesn't resolve the dispute, you pay the $308 trial-setting fee and the case proceeds to a hearing. You present evidence, the defendant responds, and the judge delivers a decision.

7. Enforcement. A judgment in your favour doesn't mean the money arrives automatically. If the defendant doesn't pay voluntarily, you use enforcement tools like garnishment notices or writs of seizure and sale.

Key Numbers to Know

Filing fees are set by O. Reg. 332/16. A "frequent claimant" is someone who has filed 10 or more claims at the same court office in the same calendar year.

Where to File

You must file in the territorial division where the cause of action arose (where the contract was signed, where the breach happened), where the defendant lives or carries on business, or where the court place of sitting is physically nearest to the defendant's residence or place of business. Filing in the wrong division won't get your claim rejected at the counter — court clerks don't check venue — but the defendant can bring a motion to transfer, and you could end up paying costs for the inconvenience.

Common Pitfalls

Three mistakes trip up first-time filers more than anything else:

Naming the wrong entity. If you're suing a business, you must use its exact legal corporate name, not the trade name on the storefront. A judgment against the wrong name is unenforceable. Run a search through the Ontario Business Registry before filing.

Missing the service deadline. You have six months to serve the defendant after your claim is issued. If you cannot serve within that time, apply for an extension before the deadline expires by motion ($127), with evidence of diligent attempts to locate and serve the defendant.

Ignoring the limitation period. Under the Limitations Act, 2002, you have two years from the date you discovered (or should have discovered) the loss to start your action. Once that clock runs out, your claim is dead regardless of its merits.

What the Court Can and Cannot Do

The Small Claims Court is powerful within its lane, but it has clear boundaries. It handles breach of contract disputes, unpaid debts and invoices, property damage claims, security deposit disputes (commercial tenancies only), and consumer refund claims — all up to $50,000.

It does not handle residential tenancy disputes governed by the Residential Tenancies Act (those go to the Landlord and Tenant Board), construction lien claims (Superior Court), family law matters, or claims for non-monetary remedies like injunctions.

If your monetary claim exceeds $50,000, you can either abandon the excess to stay in Small Claims Court or file in the Superior Court under Rule 76 Simplified Procedure.

Getting Started

The court's process is methodical: demand letter, file the claim, serve the defendant, prepare your evidence, attend the hearing. Each step has specific forms, fees, and deadlines, and missing any of them can stall or kill your case.

If you want the entire process mapped out from pre-filing checks through the hearing, with the forms, fees, and deadlines laid out in order, our Ontario Small Claims Filing Guide walks through every stage.

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