Is Small Claims Court
worth it?
Ontario's Small Claims Court now handles disputes up to $50,000. But is the time, cost, and stress of litigation actually worth it? An honest look at when it makes sense to sue — and when it does not.
By Jonathan Kleiman, Barrister & Solicitor · Published June 2026
Is Small Claims Court worth it in Ontario?
It depends — Small Claims Court is worth it when the amount at stake is large enough relative to the cost, your evidence is strong, and the defendant can actually pay. Someone owes you money. A contractor walked off the job. A business partner took the deposit and disappeared. You have been told you should "just sue them in Small Claims Court" — but is it actually worth it?
The honest answer is: it depends. It depends on how much money is involved, how strong your evidence is, whether the person you are suing can actually pay, and whether you are prepared for the process. Small Claims Court is the most accessible court in Ontario, but accessible does not mean effortless.
This guide breaks down the real costs, timelines, risks, and rewards of using Ontario's Small Claims Court in 2026. No sales pitch — just the information you need to make an informed decision.
What is Small Claims Court in Ontario?
The Ontario Small Claims Court is a branch of the Superior Court of Justice that offers a simpler, faster, and more affordable way to resolve civil disputes, with streamlined procedures and no formal discovery. It was designed to give individuals and businesses a simpler, faster, and more affordable way to resolve civil disputes without the complexity of the Superior Court.
The procedures are streamlined. There is no formal discovery process, the rules of evidence are relaxed, and most trials are completed in a single day. Parties can represent themselves, hire a lawyer, or retain a licensed paralegal. The court is presided over by deputy judges — experienced lawyers with at least 10 years of practice who serve part-time on the bench.
If you want a detailed breakdown of how the process works from start to finish, read the step-by-step guide to suing in Small Claims Court in Ontario.
What is the Small Claims Court limit in Ontario, and why does it matter?
Ontario raised the Small Claims Court limit from $35,000 to $50,000 on October 1, 2025, so more disputes can now be resolved there instead of the costlier Superior Court. That increase came under Ontario Regulation 42/25. The $50,000 cap applies to the principal amount claimed — interest and costs are calculated separately and do not count against the limit.
This is a significant change. Disputes that previously had to go to the Superior Court of Justice — with its higher costs, longer timelines, and mandatory examinations for discovery — can now be resolved in a court that is designed to be faster and cheaper. Employment disputes, contractor claims, business debts, and consumer complaints in the $35,001 to $50,000 range all benefit from this increase.
If you want to understand the full impact of the limit increase, including what happened to the appeal threshold and how existing claims are affected, read the detailed breakdown on the Ontario Small Claims Court $50,000 limit.
Wondering if your case is worth pursuing?
Free 30-minute consultation with a Toronto Small Claims Court lawyer.
How much does Small Claims Court actually cost?
Expect roughly $200 to $250 in court fees for an uncontested claim and $500 to $650 if it goes to trial, plus service costs and any legal fees. The direct costs of pursuing a Small Claims Court action in Ontario break down into court fees, service costs, and legal representation.
Court fees
The filing fees are set by O. Reg. 332/16:
- Filing the Plaintiff's Claim: $108 (or $228 if you are a frequent claimant — someone who has filed 10 or more claims at the same court location in the same calendar year)
- Filing a Defence: $77
- Filing a Defendant's Claim (counterclaim): $108
- Requesting a default judgment: $94 (or $128 for frequent claimants)
- Setting a trial date: $308 (or $403 for frequent claimants)
- Notice of motion: $127
- Issuing a garnishment: $144
- Summons to a witness: $33
If your claim is uncontested (the defendant does not file a defence), you will pay approximately $200 to $250 in court fees. If the matter is defended and goes to trial, expect $500 to $650 in court fees alone.
To price the exact court fees for your situation, use the Small Claims Court filing fee calculator — and for a more detailed breakdown of every fee, read the guide to Small Claims Court fees and costs in Ontario.
Service costs
After filing your claim, you must serve it on the defendant. Personal service is required for the initial claim. You can serve the documents yourself, ask someone else to do it, or hire a process server. A professional process server in the Greater Toronto Area typically charges $60 to $150 per service attempt.
Legal representation
You are not required to have a lawyer or paralegal. But if you choose to hire one, fees will depend on the complexity of the case, the number of parties, and whether the matter settles or goes to trial. Many Small Claims Court lawyers offer free initial consultations to assess your case and provide a clear picture of what representation will cost before you commit to anything.
How long does a Small Claims Court case take?
A contested case usually takes about 10 to 18 months from filing to trial, while cases that settle at the demand letter or settlement conference stage resolve much sooner. Timelines in Ontario Small Claims Court vary by courthouse location, but here are realistic estimates:
- Filing and serving the claim: 1 to 3 weeks
- Defendant's deadline to file a defence: 20 days after service
- Default judgment (if no defence filed): 2 to 3 months from filing
- Filing to settlement conference: 3 to 9 months
- Settlement conference to trial: 6 to 12 months additional
- Total (contested, through trial): approximately 10 to 18 months
Toronto and other high-volume courts tend to be on the longer end. Smaller courthouses outside the GTA may move faster. Cases that settle at the demand letter stage can resolve in weeks; cases that settle at the settlement conference typically resolve in 4 to 8 months.
The two-year limitation period under the Limitations Act, 2002 is the most important timeline. You generally have two years from discovering (or when you ought to have discovered) the claim to file. After the limitation period expires, the defendant may have a complete limitations defence and your claim may be dismissed — and limitation periods can depend on discoverability, acknowledgments, partial payments, contractual terms, and other facts. Check where you stand with the limitation period calculator.
When is Small Claims Court worth it?
Small Claims Court is worth it when you have clear evidence, the amount justifies the cost, the defendant can pay, a demand letter might resolve it, you are prepared, and the claim is straightforward. Based on how the court actually works, Small Claims Court tends to be worth the time, money, and effort in these situations:
1. You have clear evidence of what you are owed
A signed contract, unpaid invoices with proof of delivery, a written agreement, text messages confirming the deal, photographs of defective work — these are the cases that win. The stronger and cleaner your documentary evidence, the more likely the court will rule in your favour and the more likely the other side will settle before trial.
2. The amount at stake justifies the cost
There is no hard minimum, but as a general rule: if the amount you are claiming is significantly more than the cost of pursuing the claim, the math works. The larger the claim relative to the cost of litigation, the stronger the case for proceeding. Our Small Claims Court calculator can help you estimate your total claim value — including pre-judgment interest and court costs — so you can compare it against the likely expense of litigation. A free consultation with a lawyer can then confirm whether the numbers make sense for your situation.
3. The defendant has the ability to pay
This is the single most overlooked factor. Before you invest time and money in litigation, ask: if I win, can the defendant actually pay? Does the defendant have a job, a business, a bank account, real property, or other assets? A judgment against someone who has nothing is a piece of paper. Enforcement tools like garnishment and writs of seizure only work if there is something to garnish or seize.
4. A demand letter might resolve it
Many disputes never need to reach a courtroom. A well-drafted demand letter that clearly states the claim, the evidence, and the consequences of ignoring it resolves a surprising number of cases. The turnaround is fast (a week or two), the cost is a fraction of full litigation, and it demonstrates to the court that you attempted to resolve the matter before suing. You can build one in minutes with our free Ontario Demand Letter Generator.
5. You are prepared for the process
Small Claims Court rewards preparation. If you are willing to organize your evidence, file documents on time, show up to the settlement conference ready to negotiate, and present your case clearly at trial — the court can work for you. Parties who treat it casually tend to lose, even when they are right on the facts.
6. The claim is straightforward
Small Claims Court works best for disputes where the facts are relatively clear and the legal issues are not overly complex. A contractor who took $20,000 and did not finish the work. A customer who received goods and did not pay the invoice. A roommate who damaged the apartment and refused to cover the cost. These cases fit the court's simplified procedures.
When is Small Claims Court not worth it?
Small Claims Court is usually not worth it when the defendant has no money, the amount is tiny relative to the cost, you lack evidence, the dispute is about principle, you need an equitable remedy, or your claim exceeds $50,000 and you cannot afford to abandon the excess. There are situations where filing a Small Claims Court action is unlikely to produce a good result — or where the cost exceeds the benefit.
1. The defendant has no money or assets
If the person you want to sue is unemployed, has no bank account, owns no property, and has no assets — winning a judgment will not get you paid. You will spend money on court fees and legal representation, and you will end up with an unenforceable judgment. This is not a reason to never sue — people's financial situations change — but it is a reason to think carefully about whether the investment is worthwhile right now.
2. The amount is very small relative to the cost
Suing for $500 when the filing fee alone is $108 and you will need to take time off work for a settlement conference and potentially a trial is usually not a good use of resources. Small claims "small" is relative — there is no formal minimum, but the court's procedures still involve time, effort, and some expense.
3. You do not have evidence to support your claim
"I know they owe me" is not evidence. If there is no written agreement, no emails confirming the terms, no invoices, no receipts, and no witnesses — proving your case becomes extremely difficult. Small Claims Court has relaxed rules of evidence compared to the Superior Court, but you still need something to show the judge. Oral agreements are enforceable in Ontario, but proving their terms without any corroborating evidence is an uphill battle.
4. The dispute is more about principle than money
If your primary motivation is to teach the other person a lesson, get an apology, or prove that you were right — Small Claims Court is the wrong tool. The court awards money. It does not issue apologies, behavioural orders, or moral vindication. If you are going to spend months and money pursuing a small claim primarily because you want the judge to tell the other person they were wrong, the cost-benefit does not work.
5. You need an equitable remedy
Small Claims Court is limited to monetary claims and the return of personal property. It cannot issue injunctions, declarations, specific performance orders, or other equitable remedies. If what you need is a court order stopping someone from doing something (rather than compensating you for what they already did), you need the Superior Court.
6. Your claim exceeds $50,000 and you cannot afford to abandon the excess
If your actual damages are $80,000, you can abandon $30,000 and sue for $50,000 in Small Claims Court. But that abandonment is permanent — you forfeit the right to recover the remaining $30,000 in any future proceeding. For some people, the savings in time and legal costs justify the trade-off. For others, the amount left on the table is too significant. This is a decision that should be made carefully, ideally with legal advice.
The cost-benefit calculation
Here is a practical framework for deciding whether Small Claims Court is worth it for your specific situation:
- How much are you claiming? The higher the claim, the more the math favours litigation. A $40,000 claim is almost always worth pursuing if the evidence is there. A $2,000 claim requires more thought.
- How strong is your evidence? Strong evidence (contracts, invoices, communications) increases the likelihood of winning and settling early, which reduces your total cost. Weak evidence means a higher risk of losing — and losing means you spent money and got nothing.
- Can the defendant pay? Research this before you file. Is the defendant employed? Do they own property? Is the defendant a corporation with assets? If the answer is no across the board, a judgment may not be collectible.
- What will it cost you? Estimate your total out-of-pocket cost — filing fees, service, legal representation, time off work. Compare that number to the amount you are claiming, discounted by the probability of winning and collecting.
- Is there a faster, cheaper alternative? A demand letter, mediation, or a direct negotiation may resolve the dispute at a fraction of the cost and time of litigation. Exhaust these options before committing to a court action.
The best question to ask before suing is not "will I win?" — it is "if I win, will I collect?"
What types of claims succeed in Small Claims Court?
Claims with clear evidence and straightforward issues succeed most — unpaid invoices, breach of contract, contractor and vehicle disputes, security deposits, loans, consumer complaints, and now employment claims up to $50,000. Certain categories of disputes are particularly well-suited to Small Claims Court because they tend to involve clear evidence and straightforward legal issues:
- Unpaid invoices and debts — a client or customer received goods or services and did not pay. The invoice, delivery confirmation, and any communications are usually sufficient. See unpaid invoice and loan recovery.
- Breach of contract — one party failed to perform under a written or verbal agreement. Read the full guide on breach of contract in Ontario.
- Contractor and renovation disputes — a home contractor did incomplete, defective, or unauthorized work. Photographs, the contract, and quotes for remediation are powerful evidence. See suing a home contractor in Small Claims Court.
- Security deposit disputes — a landlord withheld a damage deposit without justification, or a tenant caused damage beyond the deposit amount
- Vehicle purchase and repair disputes — a used car was sold with undisclosed defects, or an auto repair shop did faulty work or overcharged
- Loan repayment — money was lent with an expectation of repayment (preferably documented) and the borrower defaulted
- Consumer complaints — defective products, failed services, or unfulfilled warranties where the business refuses to make it right
- Employment claims — with the new $50,000 limit, wrongful dismissal and constructive dismissal claims that fall within that range are increasingly viable in Small Claims Court
Can you represent yourself in Small Claims Court?
Yes — Small Claims Court is designed for self-represented litigants, though representation makes a measurable difference for claims near the $50,000 limit, contested facts, or when the other side has counsel. The procedures are simpler than the Superior Court, the forms are relatively straightforward, and deputy judges are accustomed to working with parties who do not have legal training.
That said, self-represented parties face real disadvantages:
- Procedural mistakes (filing in the wrong location, serving incorrectly, missing deadlines) can delay or kill your case
- Presenting evidence effectively is a skill — knowing what to include, what to leave out, and how to organize it for the judge matters
- Settlement conferences are negotiation exercises, and the other side may have a lawyer or paralegal who does this regularly
- Cross-examining witnesses at trial is uncomfortable and difficult without practice
- Understanding what the law says about your situation — as opposed to what you believe is fair — is often the difference between winning and losing
For claims under $5,000 with strong documentary evidence, self-representation is often viable. For claims approaching the $50,000 limit, or cases with contested facts, or disputes where the other side has legal counsel — representation makes a measurable difference.
The middle ground that many people use: hire a lawyer or paralegal to draft the claim and provide strategic advice, but attend the settlement conference and trial yourself. This keeps costs down while giving you professional guidance on the most important elements.
Where do most Small Claims Court cases actually end?
Most Small Claims Court cases never reach trial — a significant percentage settle at or before the mandatory settlement conference, often within about 4 to 8 months and at far lower cost. One of the most important facts about Small Claims Court is that most cases do not go to trial. That settlement conference is scheduled automatically after the Defence is filed.
After the Defence is filed, the court automatically schedules a settlement conference within 90 days. Both parties attend (either in person or virtually, depending on the court's direction) and meet with a deputy judge in an informal setting. The judge reviews the evidence, gives an opinion on the likely outcome at trial, and facilitates negotiation.
This is not the trial judge. Anything discussed at the settlement conference is confidential and cannot be disclosed at trial. The purpose is to give both sides a realistic preview of their chances — and for many parties, hearing a judge say "your case has problems" is enough to motivate a settlement.
For a detailed explanation of what happens and how to prepare, read the guide to settlement conferences in Small Claims Court.
Why does this matter for the "is it worth it" question? Because if your case settles at the settlement conference, your total time investment is roughly 4 to 8 months and your total cost is significantly lower than if you had gone to trial. The settlement conference is the reason many Small Claims Court cases are financially worthwhile — it resolves disputes at a fraction of the cost of a full trial.
Can you recover your legal fees if you win in Small Claims Court?
Yes, up to a point — a successful party can recover representation fees of up to 15% of the amount claimed, plus disbursements separately, and potentially double costs where a reasonable offer to settle was rejected. One factor in the "is it worth it" analysis is whether you can recover some of your legal costs if you win. In Ontario Small Claims Court, the answer is yes — up to a point.
Under section 29 of the Courts of Justice Act and the Rules of the Small Claims Court, a successful party may be awarded:
- Representation fees: up to 15% of the amount claimed. On a $50,000 claim, that is up to $7,500. On a $10,000 claim, up to $1,500.
- Disbursements: filing fees, service costs, photocopies, and other out-of-pocket expenses are recoverable separately and are not subject to the 15% cap.
- Double costs for rejected offers to settle: if you made a written offer to settle at least 7 days before trial, the defendant rejected it, and you achieved a result at trial that was as good as or better than your offer — the court may award up to double the usual costs (up to 30% of the amount claimed).
- Self-represented party compensation: as of June 1, 2025, if you are self-represented and you made a reasonable settlement offer that was rejected and you achieved an equal or better result at trial, the court may award up to $1,500 for inconvenience and expense (increased from $500 under the previous rules).
The costs award does not make you whole — you will not recover 100% of what you spent on a lawyer. But it does reduce the net cost of litigation, and the double-costs rule creates a strong incentive for the other side to take reasonable settlement offers seriously. Run your facts through the Small Claims Court cost award calculator to see the maximum award — the 15% cap, the offer-to-settle doubling, and disbursements — before you decide.
How do you enforce a Small Claims Court judgment?
If the defendant does not pay voluntarily, you must enforce the judgment yourself using garnishment, writs of seizure and sale of personal property or land, or an examination hearing to locate their assets. Winning in Small Claims Court and getting paid are two different things. A judgment is a court order that says someone owes you money. It is not a cheque.
If the defendant does not pay voluntarily after the judgment, you must enforce it yourself using the tools available under Ontario law. The main enforcement mechanisms are:
Garnishment
A Notice of Garnishment directs the defendant's employer or bank to redirect wages or funds to you. This is the most effective enforcement tool when the defendant is employed or has a bank account with funds. The fee to issue a garnishment is $144, and it remains valid for 6 years (renewable). Certain types of income — employment insurance, Ontario Works, CPP, and OAS — are exempt from garnishment.
Writ of seizure and sale of personal property
The enforcement office can seize and auction the defendant's personal property. However, Ontario's Execution Act exempts certain items from seizure — basic household furnishings, clothing, tools of the trade, and one motor vehicle up to a specified value. In practice, this tool is most effective against businesses that have equipment, inventory, or other non-exempt assets.
Writ of seizure and sale of land
This writ is registered against the defendant's real property title. It acts as a lien — the defendant cannot sell or refinance the property without dealing with your judgment first. The actual forced sale of the property cannot occur until at least 6 months after filing. This is a long game, but it is effective against defendants who own real estate.
Examination hearing
Before choosing an enforcement method, you can request an examination hearing. The defendant must attend court, provide a sworn financial statement, and answer questions about their income, bank accounts, assets, and debts. This tells you where the money is — or confirms that there is none. If the defendant fails to attend the examination, the court can issue a warrant for their arrest, and they can be held for up to 5 days for contempt.
The enforcement reality is why the "can the defendant pay?" question is so important. If you win a $20,000 judgment but the defendant has no job, no bank account, and no property — your judgment is a piece of paper. The tools used to enforce a judgment are valid for 6 years and renewable, and there is no limitation period to enforce the judgment itself, so the situation can change over time. But in the short term, an uncollectable judgment is an uncollectable judgment.
Small Claims Court vs. Superior Court — when does it make sense to go higher?
Go to the Superior Court when your claim exceeds $50,000 and the full amount matters, or when you need an equitable remedy, full discovery, a jury trial, or the case involves complex legal issues. With the $50,000 limit, Small Claims Court covers a wider range of disputes than ever before. But there are situations where the Superior Court is the better choice:
- Your claim exceeds $50,000 and you cannot afford to abandon the excess. If the full amount matters, you need the Superior Court.
- You need an injunction, declaration, or specific performance order. Small Claims Court only awards money and the return of personal property. Equitable remedies require the Superior Court.
- You need full discovery rights. Small Claims Court has no examinations for discovery. If your case requires forcing the other side to produce documents or answer questions under oath before trial, the Superior Court provides those tools.
- You want a jury trial. Small Claims Court trials are heard by a deputy judge alone. Jury trials are only available in the Superior Court.
- The legal issues are complex. Cases involving novel points of law, constitutional questions, or highly technical subject matter may be better suited to the Superior Court and its full-time judges.
For most disputes under $50,000 involving straightforward facts — breach of contract, unpaid debts, contractor disputes, consumer complaints — Small Claims Court is faster, cheaper, and more practical than the Superior Court.
What are the alternatives to Small Claims Court?
Before filing, consider a demand letter, mediation, arbitration, or direct negotiation — each can resolve the dispute faster and more cheaply than litigation. Filing a claim is not your only option. Before committing to litigation, consider:
Demand letter
A formal demand letter from a lawyer or paralegal puts the other side on notice that you are serious and prepared to sue. Many disputes resolve at this stage — the cost of responding to a lawsuit is often higher than simply paying the amount owed. Read the guide to demand letters in Ontario.
Mediation
Mediation involves a neutral third party who helps both sides negotiate a resolution. It is voluntary (unless the court orders it), confidential, and typically faster and cheaper than a trial. The mediator does not make a decision — the parties must agree. If they do, the agreement is binding. Mediation and arbitration can resolve disputes in days rather than months.
Arbitration
Arbitration is like a private trial. An arbitrator (often a retired judge or experienced lawyer) hears the evidence and makes a binding decision. Arbitration can be faster than court, but it is usually more expensive because you are paying the arbitrator's fees. It is most common in commercial contracts that include mandatory arbitration clauses.
Negotiation
Direct negotiation — either by you or through a lawyer — is the simplest and cheapest option. A structured settlement proposal that acknowledges the other side's concerns and offers a reasonable resolution can end the dispute without anyone setting foot in a courthouse.
What changed under the June 2025 Small Claims Court rules?
Effective June 1, 2025, Ontario added trial management conferences, set default in-person and virtual hearing methods, tightened adjournment rules, raised self-represented compensation from $500 to $1,500, and introduced a primary objective rule. Those procedural changes came in addition to the $50,000 limit increase (October 2025), under O. Reg. 3/25. These changes are worth knowing about because they affect how cases proceed:
- Trial management conferences: the court can now require parties to attend a trial management conference after the action is set down for trial. This is a new step between the settlement conference and the trial, designed to ensure that trials run efficiently.
- Default hearing methods: trials default to in-person attendance. Motions, settlement conferences, and garnishment hearings default to virtual attendance. Parties can request a change by filing Form 1B.
- Adjournment rules: trial adjournments now require a formal court order and the court may impose compensatory terms. Asking for a last-minute adjournment is no longer a simple request.
- Self-represented party compensation: increased from $500 to $1,500 for self-represented parties who made a reasonable settlement offer that was rejected and achieved an equal or better result at trial.
- Primary objective rule: courts and parties are now required to collaborate to achieve the "just, most expeditious and least expensive determination" of proceedings. This is not just aspirational language — it gives judges explicit authority to manage cases more actively.
These changes make Small Claims Court slightly more structured than before, but the core advantage — a simplified process compared to the Superior Court — remains intact.
Key statutes and regulations
For reference, these are the laws and regulations that govern Ontario Small Claims Court:
- Courts of Justice Act, R.S.O. 1990, c. C.43, sections 22–33.1
- O. Reg. 258/98 — Rules of the Small Claims Court (amended by O. Reg. 3/25, effective June 1, 2025)
- O. Reg. 42/25 — Small Claims Court Jurisdiction and Appeal Limit (effective October 1, 2025)
- O. Reg. 332/16 — Small Claims Court Fees and Allowances
- Limitations Act, 2002, S.O. 2002, c. 24, Sched. B
Frequently asked questions
Is it worth suing someone in Small Claims Court in Ontario?
It depends on the amount at stake, the strength of your evidence, and whether the defendant can actually pay. Small Claims Court handles claims up to $50,000 in Ontario. If your claim is well-documented and the defendant has assets or income, it is often worth pursuing. Filing fees start at $108, and the simplified procedure keeps legal costs manageable compared to the Superior Court.
What is the Small Claims Court limit in Ontario in 2026?
The Ontario Small Claims Court limit is $50,000, not including interest and costs. This increased from $35,000 on October 1, 2025, under Ontario Regulation 42/25. The higher limit means more disputes can now be resolved in Small Claims Court rather than the more expensive Superior Court.
How much does it cost to go to Small Claims Court in Ontario?
The filing fee for a Plaintiff's Claim is $108 (or $228 for frequent claimants). Setting a trial date costs $308. Other costs include service of documents ($60–$150 for a process server), photocopies, and legal fees if you hire a lawyer or paralegal. A free consultation can give you a clear picture of total costs for your specific situation.
How long does Small Claims Court take in Ontario?
A typical contested Small Claims Court case in Ontario takes 10 to 18 months from filing to judgment. Cases that settle at the demand letter stage or settlement conference resolve in 3 to 6 months. Timelines vary by courthouse location — Toronto and other high-volume courts tend to take longer.
Can I sue for more than $50,000 in Small Claims Court?
No. The maximum claim in Ontario Small Claims Court is $50,000 (exclusive of interest and costs). If your damages exceed $50,000, you can abandon the excess to stay in Small Claims Court, or file in the Superior Court of Justice for the full amount. Abandoning the excess is permanent — you cannot sue for the remainder later.
Do I need a lawyer for Small Claims Court in Ontario?
No, you are not required to have a lawyer. Small Claims Court is designed for self-represented litigants. However, you may choose to be represented by a lawyer or a licensed paralegal. Representation is most valuable when the amount at stake is significant, the facts are complex, or the other side has legal counsel.
What happens if I win but the other person does not pay?
A judgment does not guarantee payment. If the defendant does not pay voluntarily, you must enforce the judgment using garnishment, writs of seizure and sale, or examination hearings. Enforcement can be time-consuming and costly. Before suing, consider whether the defendant has assets or income to satisfy a judgment.
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 (up to $7,500 on a $50,000 claim). Disbursements such as filing fees and service costs are recoverable separately. If you made an offer to settle that was rejected and you achieved an equal or better result at trial, the court may award up to double the usual costs. The cost award calculator runs the full calculation.
Questions about Small Claims Court in Ontario?
If you have any questions about Small Claims Court in Ontario, feel free to contact Jonathan Kleiman, a Small Claims Court lawyer based in Toronto.
Thinking about Small Claims Court?
Ontario's two-year limitation period does not wait. Get a free 30-minute consultation with a Toronto Small Claims Court lawyer who will tell you exactly where you stand.