Ontario raised the Small Claims Court monetary limit from $35,000 to $50,000. Here is what changed, what stayed the same, and what it means for your dispute.
By Jonathan Kleiman, Barrister & Solicitor · Published May 2026
On October 1, 2024, Ontario Regulation 329/24 raised the monetary jurisdiction of the Ontario Small Claims Court from $35,000 to $50,000. This is the first increase since 2020 (when the limit went from $25,000 to $35,000) and the most significant expansion in the court's history.
The change means that civil disputes involving claims up to $50,000 — not including interest and costs — can now be resolved in the Small Claims Court instead of the Ontario Superior Court of Justice.
The difference between Small Claims Court and Superior Court is not just the dollar amount — it is the cost, complexity, and timeline of the entire litigation process.
For disputes in the $35,001 to $50,000 range, the limit increase means access to a faster, less expensive court. A $45,000 unpaid invoice that previously required a Superior Court action — with formal discovery, potentially $20,000+ in legal fees, and a multi-year timeline — can now be resolved in Small Claims Court for a fraction of the cost and time.
Businesses that are owed $35,000 to $50,000 — from unpaid invoices, breach of contract, or contractor disputes — can now pursue recovery in a court designed for speed and affordability.
Homeowners dealing with defective renovations, property damage, or consumer disputes in the $35,001 to $50,000 range no longer face the prohibitive cost of Superior Court litigation.
Landlords pursuing damage claims or rent arrears in this range — and tenants seeking deposit returns or compensation — now have an affordable court option.
Free 30-minute consultation with a Toronto business lawyer.
If your claim is $55,000 or $60,000, you face a choice: file in Superior Court for the full amount, or abandon the excess and file in Small Claims Court for $50,000.
The answer depends on the economics. If pursuing the full $60,000 in Superior Court will cost you $25,000 in legal fees and take two years, while pursuing $50,000 in Small Claims Court will cost $3,000 and take eight months — the Small Claims route may put more money in your pocket, faster.
This is a decision that should be made with a lawyer who can assess the specific facts of your case.
If you filed a claim in Superior Court before the limit increase for an amount that now falls within Small Claims Court's $50,000 jurisdiction, you may be able to transfer it. The procedural requirements depend on the stage of the proceeding. Consult a lawyer about whether transfer is advisable in your situation.
The monetary jurisdiction increased from $35,000 to $50,000 on October 1, 2024, under Ontario Regulation 329/24.
No. The $50,000 limit applies to the principal amount claimed only. Interest and costs — including court fees, service costs, and the 15% representation fee award — are calculated on top and do not count toward the jurisdictional limit.
If you filed in Superior Court for an amount that now falls within the $50,000 limit, you may be able to transfer the case. The procedural requirements depend on where the case stands. Speak with a Small Claims Court lawyer about whether transfer makes sense.
Yes. If your actual loss exceeds $50,000, you can cap your claim at $50,000 and file in Small Claims Court. You permanently give up the right to recover the abandoned amount, but you gain access to a faster and less expensive process.
The $50,000 limit opens the door to affordable litigation for disputes that previously required the time and expense of Superior Court. If you have a claim in the $35,001 to $50,000 range — or any dispute up to $50,000 — the economics have never been better.
The Small Claims Court limit increase means faster, more affordable litigation. Free 30-minute consultation with a Toronto Small Claims Court lawyer.