How to sue in
Small Claims Court.

By Jonathan Kleiman, Barrister & Solicitor · Published May 2026

What is Ontario Small Claims Court?

The Ontario Small Claims Court is a branch of the Superior Court of Justice designed to resolve civil disputes involving claims up to $50,000 (not including interest and costs). It handles breach of contract claims, unpaid invoices, property damage, contractor disputes, consumer complaints, and most other monetary disputes between individuals and businesses.

The court's procedures are simplified compared to the Superior Court. There is no formal discovery process, the rules of evidence are relaxed, and hearings are generally completed in a single day. The goal is to provide an accessible, affordable path to justice — but accessible does not mean easy.

Self-represented parties routinely lose winnable cases because they miss procedural deadlines, present inadmissible evidence, or walk into a settlement conference unprepared. Understanding the process before you file gives you a significant advantage.

Before you sue: is Small Claims Court the right option?

Before filing a claim, answer three threshold questions:

1. Is your claim $50,000 or less? If your loss exceeds $50,000, you must either abandon the excess and cap your claim at $50,000, or file in the Ontario Superior Court of Justice (which involves a more complex and expensive process).
2. Are you within the limitation period? Under Ontario's Limitations Act, 2002, you have two years from the date you discovered (or should have discovered) your claim. Miss the deadline and you lose the right to sue.
3. Can the defendant pay? Winning a judgment against someone who has no assets and no income is a hollow victory. Before investing time and money in litigation, consider whether the defendant has the means to satisfy a judgment — or whether enforcement measures like garnishment or seizure would be effective.

If you are unsure whether Small Claims Court is the right forum for your dispute, a Small Claims Court lawyer can assess your situation in a free consultation.

What types of claims can you file?

The Ontario Small Claims Court handles most civil claims for money or the return of personal property. The most common types include:

• Breach of contract — someone failed to honour a written or verbal agreement. See the full guide on breach of contract in Ontario.
• Unpaid invoices and debts — a customer, client, or borrower owes you money and refuses to pay. Jonathan handles unpaid invoice and loan recovery.
• Contractor and renovation disputes — a contractor did poor work, abandoned the project, or overcharged. See the guide on suing a home contractor.
• Property damage — someone damaged your property and refuses to compensate you.
• Consumer disputes — defective goods, failed services, or unfulfilled warranties.
• Landlord and tenant monetary claims — damage deposits, property damage, or rent arrears beyond the Landlord and Tenant Board's jurisdiction.
• Business disputes — partnership disagreements, vendor disputes, and commercial conflicts under $50,000.

Small Claims Court does not handle family law matters, criminal charges, or disputes that fall under a specialized tribunal's exclusive jurisdiction.

Step 1: Send a demand letter

Before filing a claim, you should send a formal demand letter to the other party. A demand letter is not legally required in most cases, but it is almost always the right first move.

A well-drafted demand letter accomplishes several things:

• Puts the other party on formal notice that you intend to sue
• Sets a deadline for payment (typically 10 to 15 days)
• Creates a paper trail that strengthens your case in court
• Demonstrates to the judge that you attempted to resolve the matter before litigating
• Resolves many disputes without the need for a court filing

A demand letter from a Toronto Small Claims Court lawyer carries significantly more weight than a personal letter. Many defendants settle at this stage because they recognize that defending a meritorious claim will cost more than paying it.

The best Small Claims Court outcome is the one that never requires a courtroom. A strong demand letter resolves more disputes than most people expect.

Step 2: Prepare your evidence

The strength of your case depends almost entirely on the quality of your evidence. Before filing, organize the following:

• The contract or agreement — a signed contract, exchange of emails confirming the deal, text messages, or other evidence of the agreement's terms
• Communications — all emails, text messages, and letters between you and the other party, in chronological order
• Invoices and payment records — proof of what was owed, when it was due, and what was or was not paid
• Photographs and videos — of defective work, damaged property, or the condition of goods received
• Receipts and financial records — proof of your out-of-pocket losses, remediation costs, or replacement expenses
• A chronological timeline — a clear, date-ordered summary of what happened, from the beginning of the relationship to the present
• Mitigation evidence — proof that you took reasonable steps to reduce your losses after the dispute arose

Organize everything before you file. The cleaner your evidence package, the stronger your case — and the more seriously the other side will take your claim when they receive it.

Step 3: File the Plaintiff's Claim

To start a lawsuit in Ontario Small Claims Court, you file a Plaintiff's Claim (Form 7A) with the court. The claim identifies the parties, describes the facts of the dispute, and states the amount of money you are claiming.

Where to file

You must file your claim in the correct court location. Under the Rules of the Small Claims Court, the claim should generally be filed in the territorial division where:

• The cause of action arose (where the breach or damage occurred), or
• The defendant resides or carries on business

In the Greater Toronto Area, the Toronto Small Claims Court is located at 47 Sheppard Avenue East, Toronto.

Filing fees

Filing fees depend on the amount of the claim and the method of filing:

• Claims up to $5,000 — $102 (online) or $115 (in person)
• Claims from $5,001 to $50,000 — $232 (online) or $252 (in person)

Online filing is available through the Ontario Small Claims Court online portal. Filing fees are recoverable as disbursements if you win.

Drafting the claim

The Plaintiff's Claim must clearly state the facts supporting your case. This is not the place for legal arguments — it is a factual narrative that tells the court what happened, who is responsible, and how much you lost.

Common mistakes at this stage include filing in the wrong court location, naming the wrong defendant (using a trade name instead of the legal name), claiming the wrong amount, or writing a claim that is too vague to support a judgment. A Small Claims Court lawyer drafts claims that are procedurally correct and strategically effective.

Step 4: Serve the defendant

After the claim is filed and issued by the court, you must serve the defendant — meaning deliver a copy of the claim to them in a manner permitted by the Rules. The defendant cannot simply be emailed or told about the lawsuit.

Acceptable methods of service

• Personal service — physically handing the claim to the defendant (most reliable method)
• Service by mail — sending the claim by registered or regular mail to the defendant's last known address
• Service on a corporation — serving a director, officer, or manager at the corporation's registered address
• Alternative service — if the defendant is evading service, you can ask the court for an order allowing service by email, social media, or other means

After serving the claim, you must file an Affidavit of Service with the court proving that the defendant was properly served. Improper service can delay your case or result in a dismissal.

The defendant's response

Once served, the defendant has 20 calendar days to file a Defence. If the defendant does not respond within 20 days, you can request a default judgment — meaning you win without a trial.

If the defendant files a Defence, the case proceeds to a settlement conference. The defendant may also file a Defendant's Claim (counterclaim) against you, which you will need to respond to. If you have been served with a claim and need help responding, see Small Claims Court defence.

Step 5: The settlement conference

After the Defence is filed, the court schedules a mandatory settlement conference. This is a meeting with a judge or deputy judge — not the trial judge — to explore whether the dispute can be resolved without a trial.

The settlement conference is one of the most important stages in the process. A significant percentage of Small Claims Court matters settle at this stage.

What happens at a settlement conference

• Both parties (or their lawyers) attend and present their positions
• The judge reviews the evidence and gives a preliminary assessment of the strengths and weaknesses of each side's case
• The judge facilitates negotiation between the parties
• If the parties reach an agreement, it is put in writing and becomes enforceable as a court order
• If no settlement is reached, the case is scheduled for trial

Preparation matters. You (or your lawyer) must file a settlement conference brief before the conference, summarizing your position, the key facts, and the evidence you intend to rely on at trial.

Step 6: Trial

If the settlement conference does not resolve the dispute, the matter proceeds to trial. Small Claims Court trials in Ontario are typically completed in a single day.

How the trial works

1. Opening statements — each party briefly summarizes their case
2. Plaintiff's evidence — the plaintiff presents their evidence and calls witnesses; the defendant cross-examines
3. Defendant's evidence — the defendant presents their evidence and calls witnesses; the plaintiff cross-examines
4. Closing submissions — each party summarizes their position and the applicable law
5. Judgment — the judge delivers a decision, either immediately or in writing within a few weeks

Practical trial tips

• Organize your documents in a trial binder with numbered tabs — give a copy to the judge and the other party
• Prepare your witnesses: make sure they know what questions you will ask and what to expect on cross-examination
• Be concise and factual — judges appreciate parties who get to the point
• Dress professionally and address the judge as "Your Honour"
• Do not interrupt the other party or argue with the judge

The judge's decision is based on a balance of probabilities — the standard of proof in civil cases. You do not need to prove your case "beyond a reasonable doubt" (that standard applies only in criminal cases). You need to show that your version of events is more likely true than not.

Step 7: Enforcing the judgment

Winning a judgment is not the same as collecting the money. If the defendant does not voluntarily pay, you must enforce the judgment using the tools available under Ontario law.

Enforcement options

• Garnishment — the court orders the defendant's employer or bank to redirect wages or funds to you
• Writ of seizure and sale — the sheriff seizes and sells the defendant's personal property to satisfy the judgment
• Examination hearing — the defendant is ordered to attend court and disclose their income, assets, and debts under oath, so you can identify what to enforce against
• Writ of delivery — if the judgment orders the return of specific property, the sheriff can seize and deliver it to you

Judgments in Ontario are enforceable for six years and can be renewed. Interest accrues on the judgment from the date it is made.

Enforcement is where many self-represented parties struggle. A Small Claims Court lawyer can pursue garnishment, writs of seizure, and examination hearings to maximize your chances of collecting what you are owed.

Costs and fee recovery

Small Claims Court is designed to be affordable, but there are real costs involved:

• Filing fee — $102 to $252
• Service costs — $60 to $120 for a process server
• Witness fees — $6 per day attendance plus mileage (required if you summons a witness)
• Legal fees — if you hire a lawyer or paralegal

If you win, the court may award you up to 15% of the amount claimed in representation fees, plus disbursements (filing fees, service costs, photocopies). This means the losing side may reimburse a portion of your legal costs.

Many Small Claims Court lawyers — including Jonathan — offer flat-fee pricing on most Small Claims matters, so you know the cost before you begin.

Common mistakes to avoid

These are the errors that most often cost plaintiffs their cases in Ontario Small Claims Court:

• Missing the limitation period — file within two years of discovering the claim, or lose it
• Suing the wrong party — use the correct legal name; a trade name or nickname is not sufficient
• Filing in the wrong court — file where the dispute arose or where the defendant resides
• Serving improperly — follow the Rules of the Small Claims Court exactly, or the defendant may have your claim thrown out
• Not organizing evidence — a disorganized case is a weak case; judges do not have time to sift through a pile of loose papers
• Skipping the demand letter — judges notice when a plaintiff did not attempt to resolve the matter before suing
• Failing to mitigate — you have a legal duty to take reasonable steps to reduce your losses; failing to do so reduces the amount a court will award
• Underestimating the other side — even if the defendant is wrong, they may show up with a lawyer, a strong defence, and a counterclaim

When to hire a Small Claims Court lawyer

You can represent yourself in Small Claims Court. Many people do. But having a lawyer makes the biggest difference in these situations:

• The amount at stake is significant (to you)
• The other side has a lawyer or paralegal
• The facts are complicated or the contract is ambiguous
• You need to enforce a judgment against a defendant who will not pay voluntarily
• You are not confident presenting evidence and cross-examining witnesses
• You want to settle before trial and need someone who understands what the case is worth

A Toronto Small Claims Court lawyer handles the strategy, paperwork, negotiation, and courtroom advocacy — so you can focus on your life and your business.

How Jonathan Kleiman can help

Jonathan Kleiman is a Toronto litigation lawyer who represents plaintiffs and defendants in the Ontario Small Claims Court. With over 15 years at the Ontario Bar, 400+ matters resolved, and a 4.7-star rating from 224 verified Google reviews, Jonathan brings the experience that makes a measurable difference in outcomes.

• Free 30-minute consultation — Jonathan reviews your facts, assesses the strength of your claim, and recommends the most cost-effective path forward
• Demand letters — drafted to maximize the chance of resolution without litigation
• Filing and service — the claim is prepared, filed, and served properly the first time
• Settlement negotiation — strategic discussions that reflect the realistic value of your claim
• Trial representation — evidence, witnesses, and legal argument presented with precision
• Judgment enforcement — garnishment, writs of seizure, and examination hearings to collect what you are owed
• Flat-fee pricing — on most Small Claims Court matters

Call 416-554-1639 or book a free consultation.

Frequently asked questions

How much does it cost to sue in Small Claims Court in Ontario?

Filing fees range from $102 (for claims up to $5,000 filed online) to $252 (for claims over $5,000 filed in person). Additional costs include service of documents, photocopies, and potentially a process server. You may recover some or all of these costs if you win.

What is the maximum amount you can sue for in Ontario Small Claims Court?

The Ontario Small Claims Court handles civil disputes up to $50,000, not including interest and costs. If your claim exceeds $50,000, you can either reduce your claim to $50,000 (abandoning the excess) or file in the Ontario Superior Court.

How long do I have to file a Small Claims Court claim in Ontario?

Under Ontario's Limitations Act, 2002, the basic limitation period is two years from the date you discovered (or should have discovered) that you have a claim. There is also an ultimate limitation period of 15 years. Missing the deadline means losing the right to sue.

Do I need a lawyer for Small Claims Court in Ontario?

You are not legally required to have a lawyer, but having a Small Claims Court lawyer significantly improves outcomes. A lawyer understands the procedural rules, knows how to present evidence, and can negotiate settlements that self-represented parties often miss.

How long does a Small Claims Court case take in Ontario?

A typical Small Claims Court matter takes between 6 and 12 months from filing to resolution. Cases that settle at the demand letter stage or settlement conference resolve faster. Trial dates depend on court scheduling.

Can I sue a business in Small Claims Court?

Yes. Corporations, sole proprietorships, and partnerships can all be sued in Ontario Small Claims Court. You need the correct legal name of the business — search the Ontario Business Registry to confirm it before filing.

What happens if the defendant does not file a defence?

If the defendant does not file a Defence within 20 days of being served, you can request a default judgment. This means you win without a trial. The court may still require you to prove the amount of damages at an assessment hearing.

Can I recover my legal fees if I win in Small Claims Court?

The court may award up to 15% of the amount claimed in representation fees to the successful party. Disbursements such as filing fees and service costs are also recoverable.

What evidence do I need for Small Claims Court?

Bring the contract or agreement, all relevant communications (emails, texts, letters), invoices and payment records, photographs, receipts, a chronological timeline, proof of your losses, and evidence of your efforts to mitigate damages.

Can I appeal a Small Claims Court decision in Ontario?

Yes, but only on a question of law — not simply because you disagree with the findings of fact. Appeals are filed with the Divisional Court within 30 days of the judgment. Appeals are more complex and costly than the original proceeding.

Talk to a Toronto Small Claims Court lawyer

If someone owes you money, breached a contract, or damaged your property — the Ontario Small Claims Court is the most cost-effective way to recover up to $50,000. But the process has rules, deadlines, and strategic decisions that affect the outcome.

Bring the facts. Jonathan will tell you where you stand, what it will cost, and the most effective path forward.

Call 416-554-1639 or book a free 30-minute consultation.