Small Claims Court Ontario Limit: The $50,000 Cap Explained

The first question anyone asks before filing a claim in Ontario: does my dispute fit? The answer depends on a single number — $50,000 CAD — and on understanding exactly what that number includes and excludes.

The Current Limit

Effective October 1, 2025, Ontario Regulation 42/25 raised the Small Claims Court monetary jurisdiction from $35,000 to $50,000. The limit applies per plaintiff and is exclusive of interest and costs. That means a claim for $50,000 in principal damages, plus pre-judgment interest and court disbursements on top, is perfectly valid.

The $50,000 ceiling covers two types of claims: payment of money and recovery of personal property. If you're owed $47,000 on an unpaid invoice, or you want the return of equipment worth $30,000, the Small Claims Court has jurisdiction.

What the Limit Excludes

The court cannot hear claims for non-monetary remedies. You cannot ask for an injunction, a declaration of title, specific performance of a contract, or a family law order — regardless of the dollar amount. Those belong in the Superior Court of Justice.

Residential tenancy disputes fall under the exclusive jurisdiction of the Landlord and Tenant Board, even when they involve money. A landlord chasing a former tenant for rent arrears goes to the LTB, not Small Claims Court.

Construction lien claims must proceed in the Superior Court under the Construction Act. However, a pure breach-of-contract claim for construction work (no lien involved) can be filed in Small Claims Court if it's $50,000 or less.

What Happens When Your Claim Exceeds $50,000

You have two options.

Option 1: Abandon the excess. Under Section 23 of the Courts of Justice Act, you can voluntarily give up any amount above $50,000 in your Plaintiff's Claim (Form 7A) to stay in Small Claims Court. If your actual damages are $62,000, you claim $50,000 and abandon $12,000. You cannot recover the abandoned amount later, but you get the benefit of a faster, cheaper process.

Option 2: Go to Superior Court. Claims between $50,001 and $200,000 proceed under the Simplified Procedure (Rule 76 of the Rules of Civil Procedure). Claims above $200,000 follow the full Superior Court process. Both options involve higher fees, stricter procedural rules, and typically require legal representation.

For many people, the speed and lower cost of Small Claims Court make abandoning the excess worth it — especially when professional representation in Superior Court could cost several thousand dollars.

What You Cannot Do: Splitting a Claim

Rule 6.02 of the Rules of the Small Claims Court prohibits splitting a single cause of action into multiple lawsuits to stay within the $50,000 limit. If a contractor owes you $80,000 for one project, you cannot file two $40,000 claims. The court treats this as an abuse of process.

Multiple genuine causes of action are different. If the same contractor owes you $30,000 from one project and $25,000 from another, those are separate disputes and can be filed as separate claims.

The Appeal Threshold

The $50,000 cap has a companion number worth knowing: $5,000. Under Section 31 of the Courts of Justice Act, you can only appeal a Small Claims Court judgment to the Divisional Court if the amount in dispute exceeds $5,000. Below that threshold, the judgment is final — no appeal as of right, and judicial review is limited to jurisdictional errors or breaches of natural justice.

Old Limit vs. New Limit

If your claim was started before October 1, 2025, it was filed under the old $35,000 limit. You can amend your pleadings under Rule 12 to claim up to $50,000, provided you serve the amendment on all parties at least 30 days before trial. Claims issued on or after October 1, 2025 automatically fall under the new ceiling.

Deciding Which Court to Use

The practical decision comes down to cost and complexity. Small Claims Court charges $108 to file (infrequent claimant), allows self-representation, and is designed to resolve disputes without lawyers. The Superior Court charges higher fees, follows more complex procedural rules, and most litigants need legal representation.

If your claim is $50,000 or less, Small Claims Court is almost always the right choice. If it's slightly over, abandoning the excess to stay in Small Claims Court often makes financial sense. The math only shifts toward Superior Court when the amount at stake significantly exceeds the cap and the added cost of professional representation is justified by the potential recovery.

For a step-by-step walkthrough of filing your claim once you've confirmed it fits the limit, see our Ontario Small Claims Filing Guide.

See more Ontario guides →