Representing yourself,
step by step.

By Jonathan Kleiman, Barrister & Solicitor · Published June 2026

Ontario's Small Claims Court was deliberately designed so that ordinary people can use it without hiring anyone. The procedure is simplified, the rules of evidence are relaxed, and a deputy judge will give you room to tell your story. Thousands of people represent themselves every year, and plenty of them win. The catch is that the process still has an order to it — forms, deadlines, a mandatory conference, a trial — and the people who struggle are almost always the ones who took the steps out of order or missed one entirely.

This guide is the hands-on walkthrough. It is not about whether you should handle your own case — I cover that decision separately in can I represent myself in Small Claims Court, and I would read that first if you are still on the fence. Here I assume you have decided to do it, and I walk you through the actual steps, whether you are suing someone or you are the one who got served.

None of this is legal advice about your specific matter, and every case has its own quirks. But after years of guiding people through this court, the sequence below is the one I would hand to a friend who told me they were going to run their own claim.

Understanding the path ahead

Before any forms, it helps to see the whole map. A Small Claims case moves through a predictable set of stages, and which ones apply to you depends on whether you are the plaintiff or the defendant — and on whether the case is fought at all.

If you are suing (the plaintiff), your path is: confirm you have a claim and you are in time, optionally send a demand letter, file the Plaintiff's Claim and pay the fee, serve the defendant, and then respond to whatever they file back. From there, if the case is defended, you both head into the shared stages.

If you are being sued (the defendant), your path starts under a clock: you have a flat 20 days to file a Defence once you are served, and you may also have your own claim to bring back. I deal with the defendant side in depth in someone is suing me in Small Claims Court, but the steps are folded into this guide too.

Then both sides share the back half: gathering and organizing evidence, the mandatory settlement conference, trial preparation, the trial itself, and finally judgment — which means either collecting or paying. Knowing this map up front is half the battle, because almost every mistake I see is really just a step done in the wrong order.

From my experience

The self-represented people who do well are, almost without exception, the organized ones. I think of a client I helped behind the scenes — a small contractor who had been stiffed on a final invoice. He was not a lawyer and had never set foot in a courtroom, but he showed up to his settlement conference with a slim binder: the signed contract on top, then the invoices, then the emails where the customer admitted the work was done, all in date order. The deputy judge could see the whole story in two minutes. The case settled that afternoon.

Now the flip side. I have watched capable, intelligent people lose winnable cases because they treated preparation as optional. They knew they were right, so they assumed the judge would just see it. They turned up with a phone full of screenshots, no copies for anyone, and a story they told out of order while getting visibly frustrated. Being right is not enough in a courtroom — you have to make it easy for the judge to find the truth in your pile of facts.

So the single most useful thing I can tell a self-rep is this: the law gives you a fair shot, but organization is what lets you take it. The steps below are really just a system for staying organized from the first form to the last.

What the process generally requires

A few ground rules shape everything that follows. None of these are negotiable, so it is worth getting them straight before you start.

• The money limit. Small Claims Court handles disputes up to $50,000, excluding interest and costs. If your claim is worth more, you either sue for the higher amount in the Superior Court or agree to cap your claim at $50,000 to stay in Small Claims.
• The clock to sue. You generally have two years from when you discovered the problem to start your claim, under the Limitations Act, 2002. Miss it and the defendant may have a complete defence, so check this first.
• The plaintiff's form. You start a case by filing a Plaintiff's Claim (Form 7A) and paying the filing fee. The fee depends on whether you are an infrequent or frequent claimant — rather than quote numbers that change, check yours with the filing fee calculator.
• Serving the claim. Once issued, the claim must be served within six months under rule 8.01, and you file proof of that service with the court.
• The defendant's window. A defendant who is served has a flat 20 days to file a Defence (Form 9A) under rule 9.01. Not 40, not 60 — that longer math belongs to the Superior Court.
• The mandatory conference. In a defended action, a settlement conference is required under rule 13 before the case can be set down for trial.

The court is also designed to be simpler than the Superior Court: there are no examinations for discovery, the rules of evidence are relaxed, and trials are usually finished in a single day. Costs are limited too — a representation-fee award is generally capped at 15% of the claim under rule 19.04, which you can estimate with the cost award calculator, and which keeps the financial stakes of self-representing more contained than in higher courts.

Common situations I see

Most self-reps walk in through one of two doors, and it helps to recognize which one is yours.

The plaintiff with an unpaid invoice. Someone did work or delivered goods, sent an invoice, and never got paid. The facts are simple and the documents are usually decent — a contract or quote, the invoice, some emails. This is the most self-rep-friendly case there is, and it is exactly the kind I see people win on their own. The job is mostly procedural: file correctly, serve properly, and stay organized.

The defendant who was served. A claim lands in your hands and the clock is already running. Here the immediate task is not to panic but to read the claim, mark the 20-day deadline, and decide whether you have a defence, a counterclaim, or a reason to try to settle. The single most damaging thing a defendant can do is nothing — let the 20 days lapse and you can be noted in default before you have said a word.

You may be both at once. It is common for a defendant to have their own grievance against the plaintiff, in which case you defend and bring a Defendant's Claim in the same action. Whichever door you came through, the step-by-step below covers your route.

The step-by-step process

This is the core of the guide. I have split it into the plaintiff's opening moves, the defendant's opening moves, and then the steps both sides share through trial and judgment. Work through the part that applies to you, then pick up at step 6, which everyone does.

If you are the plaintiff

Step 1 — Confirm you actually have a claim, and you are in time

Before you spend a dollar on filing, sanity-check three things: that the other side genuinely owes you something the court can order them to pay, that the amount fits the $50,000 limit, and that you are within the two-year limitation period. It is also worth knowing the cost to sue someone in Ontario before you commit, so the recovery is worth the outlay. A claim that is out of time can be defeated on that basis alone, no matter how strong the merits. This is also the moment to confirm who you are suing — the correct legal person or corporation — because getting that wrong is one of the most common and costly errors.

Step 2 — Send a demand letter

A demand letter is not required, but it is often worth the week it takes. It tells the other side you are serious, sets out what you want, and gives them a chance to pay before they get sued — and a surprising number of disputes end right here. You can put one together quickly with the Ontario demand letter generator. Keep a copy; if you do end up in court, it shows you acted reasonably.

Step 3 — Prepare and file the Plaintiff's Claim (Form 7A)

This is where the case formally begins. On Form 7A you name the parties, state the amount you are claiming, and set out the facts — what happened, in plain chronological order. Be specific and factual; this document frames your whole case. You then file it with the court and pay the filing fee. The end-to-end mechanics of issuing a claim are covered in my dedicated guide on how to sue in Small Claims Court in Ontario, which is the companion to this article — read it for the filing details, then come back here for the rest of the journey.

Step 4 — Serve the defendant

A filed claim does nothing until the defendant is properly served. You have six months to serve under rule 8.01, the Rules set out who can serve and how, and you then file an affidavit proving service. Serve promptly and document it carefully, because the defendant's 20-day defence clock does not start until service is done. In my experience this is the easiest step to fumble — get it right and the rest of the timeline falls into place.

Step 5 — Respond to any Defence or counterclaim

Once served, the defendant may file a Defence, ignore it (which lets you move for default judgment), or file a Defence plus a Defendant's Claim against you. If they file a Defendant's Claim, you now have your own 20-day window to defend it. Read whatever comes back carefully — it tells you exactly what is in dispute and shapes everything you prepare from here.

If you are the defendant

File a Defence (Form 9A) within 20 days

The clock is the headline. From the day you are served, you have a flat 20 days to file your Defence on Form 9A under rule 9.01. On the form you respond to the allegations — admit what is true, dispute what is not, and explain your side. Filing on time is what keeps you in the game; let the 20 days pass and the plaintiff can have you noted in default. If you are not sure of your exact date, run it through the defence deadline calculator, and read someone is suing me in Small Claims Court for the full defendant playbook.

Consider a Defendant's Claim

If you have your own claim against the plaintiff — they damaged your property, broke the same contract first, owe you money — you can bring a Defendant's Claim (a counterclaim) in the same action. It is often more efficient than starting a separate case, and it puts your grievance in front of the same deputy judge. Decide on this early, because it travels with your Defence.

Both sides — from evidence to judgment

Step 6 — Gather and organize your evidence

Once the pleadings are in, the case becomes about proof. Collect every document that supports your version — contracts, invoices, emails, texts, photos, payment records — and organize them in date order. Make a simple chronology so you can find any item in seconds. This is the foundation for the conference and the trial, and I will list exactly what to gather in the evidence section below.

Step 7 — Prepare for and attend the settlement conference

In any defended case, a settlement conference is mandatory before trial under rule 13. You meet with a deputy judge who reviews the file, tells both sides candidly how the case looks, and tries to broker a deal. Come with your organized documents and a realistic number you would accept. A large share of cases settle here — so treat it as a genuine chance to end things, not a formality. I walk through exactly what to expect in the guide to the settlement conference in Small Claims Court.

Step 8 — Prepare for trial

If the case does not settle, you request a trial date and start building your trial package: your story (the events in clear order), your documents (the same binder, tightened, with copies for the court and the other side), and your witnesses (anyone who saw what happened, confirmed available to attend). Think through what the other side will argue and how you will answer. The work you do here is what wins trials.

Step 9 — Present at trial

On the day, you tell your story to the deputy judge, point to the documents that back each part, and call your witnesses. You may question the other side and their witnesses with short, specific questions. Stay calm and factual — the judge can only act on the evidence you actually put in front of them. Because Small Claims procedure is streamlined, the trial is usually done in a single day.

Step 10 — Judgment and next steps

The deputy judge delivers a decision. If you win, you have a judgment — but a judgment is an order that money is owed, not a cheque. If the other side will not pay, you enforce it through tools like garnishment or a writ against property, which can take more time; I walk through that whole stage in how to enforce a Small Claims Court judgment. If you lose, you generally pay the judgment and any costs ordered. Read the order carefully and note any deadlines, including the 30-day window to appeal in the limited cases where an appeal is available.

Important evidence to gather

Whichever side you are on, your case lives or dies on the documents. Here is the checklist I would give a self-rep, roughly in order of how often it decides cases:

• The contract or agreement. Whatever set the terms — a signed contract, a quote, a purchase order, or even an email thread where you agreed on the deal.
• Invoices and statements. What was billed, when, and for how much, plus any reminders you sent.
• Emails and text messages. Often the most powerful evidence, because people admit things in writing — that the work was done, that they would pay, that there was a problem. Print the full threads with dates, not isolated screenshots.
• Photos. Of the work, the goods, the damage, the condition — anything where seeing it tells the story faster than describing it.
• Payment records. Bank statements, e-transfer confirmations, cancelled cheques — proof of what was actually paid and what was not.
• Proof of the right party. A corporate profile search, a business card, an invoice header — anything confirming you have sued (or been sued by) the correct legal person.

Put it all in date order, make a one-page index, and bring copies for the judge and the other side. The goal is that anyone picking up your binder can follow the whole story without your help.

Do text messages and emails count as evidence?

Yes — and in everyday disputes they are often the most decisive evidence there is, because people say things in writing they would never admit on the stand. A text where the other side agrees the job was finished, or an email promising to pay by a certain date, can settle a case on its own. Two practical tips: print the full conversation, not isolated snippets, so the context is clear, and make sure the dates and the sender are visible. A clean printout beats a phone screen you scroll through on the day every time.

Common mistakes self-reps make

The same handful of errors come up again and again, and every one of them is avoidable.

Missing the 20-day deadline. The most damaging defendant mistake there is. The clock is short and unforgiving — let it lapse and you can be noted in default before you have made a single argument. If you have been served, mark the date the day you get the claim.

Suing the wrong party. Naming an individual when you should have named the corporation, or getting a business name slightly wrong, means amending — which costs time and can undercut your judgment. Confirm the correct legal name before you file.

Disorganized evidence. A strong case told from a chaotic pile of paper or a phone full of screenshots looks weak. The judge cannot reward proof they cannot find.

Rambling at the conference or trial. Going off on tangents, arguing about feelings, or refusing to get to the point wastes your limited time and tries the judge's patience. Tell the story in order and stop.

No plan to collect. Self-reps often pour months into winning and never ask whether the defendant can actually pay. A judgment against someone with no income or assets is a piece of paper. Think about collection before you file, not after you win.

What if I realize I sued the wrong person?

It happens, and it is fixable, but not for free. You generally have to amend the claim to name the correct party, which can mean re-serving and waiting again — and if the limitation period has run in the meantime, you may have a real problem. The lesson is to get the defendant right the first time: a few minutes confirming the correct legal name up front saves weeks later.

What happens in court

There are two distinct "in court" moments in a defended case, and they feel nothing alike.

The settlement conference is informal and confidential. You sit down with a deputy judge who has read the file, hears a short version from each side, gives a candid read on the case, and works to settle it. Nothing said there can be used against you at trial. Conduct yourself plainly and honestly: lay out your documents, listen to the judge's read even if you do not love it, and be willing to negotiate. This is where most cases end, so it rewards preparation more than any other stage.

The trial is the formal hearing if no deal was reached. Basic courtroom conduct goes a long way: arrive early, dress neatly, address the judge as "Your Honour," stand when you speak if that is the practice in your courtroom, and never interrupt the other side or the judge. Tell your story in order, point to your evidence, answer questions directly, and let your binder carry the weight. The trial is usually a single day — the long part was the months of waiting to get there.

How should I address the judge in Small Claims Court?

A deputy judge presides over Small Claims Court, and the safe, respectful form of address is "Your Honour." Speak to the judge, not at the other side, even when you disagree with what they have said. Wait your turn, do not interrupt, and keep your tone even — the calmer you are, the more credible you sound. None of this is about formality for its own sake; a judge who finds you respectful and easy to follow is a judge who can focus on your evidence instead of managing the room.

Settlement considerations

The most important strategic point in this whole guide is that most defended cases settle, and settling is usually the smart play for a self-rep. A negotiated resolution removes the risk and delay of a trial, and it can include payment terms that solve the collection problem before it starts. You are not admitting weakness by settling — you are taking a certain, faster outcome over a gamble.

Go into the settlement conference knowing two numbers: the most you could realistically win, and the least you would accept to be done with it. Stay open to the deputy judge's read on your case; they have seen hundreds like yours, and an honest assessment from the bench is worth listening to even when it is not what you hoped. A fair deal at the conference can save you a year of waiting and the stress of a trial you might lose.

Key takeaways

• Know your role and your clock. Plaintiffs file a Plaintiff's Claim (Form 7A); defendants have a flat 20 days to file a Defence (Form 9A) under rule 9.01. The deadline is the first thing to pin down.
• Follow the steps in order. Confirm the claim and limitation period, file, serve within six months under rule 8.01, then move through evidence, the mandatory settlement conference, and trial.
• Organization wins cases. A clean, date-ordered binder with copies for everyone does more for a self-rep than any clever argument.
• The settlement conference is your best shot. It is mandatory under rule 13, and most defended cases settle there — come prepared and ready to negotiate.
• Winning is not getting paid. A judgment is an order, not a cheque, so weigh whether the defendant can actually pay before you invest in a long fight.

Frequently asked questions

How do I start representing myself in Small Claims Court in Ontario?

Start by figuring out which side you are on. If you are the plaintiff, you confirm you have a real claim, that you are within the limitation period, and that the amount fits the $50,000 limit — then you file a Plaintiff's Claim (Form 7A) and serve the defendant. If you have been served, you are the defendant, and your job is to file a Defence (Form 9A) within 20 days. Either way, the practical first step is the same: gather your documents and read the claim or your own paperwork carefully before doing anything else.

What forms do I need to file a Small Claims claim?

To start a case as a plaintiff, the main form is the Plaintiff's Claim, Form 7A. You set out who you are suing, the amount, and the facts behind the claim, then file it with the court and pay the filing fee. If you are defending, you file a Defence, Form 9A. A defendant who has their own claim against the plaintiff can also bring a Defendant's Claim. The forms are available through the Ontario court website. In my experience the form itself is the easy part — the work is writing a clear, accurate statement of what happened.

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

If you have been served with a Plaintiff's Claim, you have a flat 20 days to file your Defence (Form 9A) under rule 9.01 of the Rules of the Small Claims Court. That clock runs from the date you were served, not from when the claim was issued. Do not confuse this with the Superior Court, where defendants get longer — Small Claims is a flat 20 days. Miss it and the plaintiff can ask the clerk to note you in default and move for judgment. You can check your own deadline with the defence deadline calculator.

How do I serve the other party?

After your Plaintiff's Claim is issued, you must serve it on the defendant, and you have six months to do so under rule 8.01. The Rules set out who can serve and how — for individuals, personal service is the most reliable route, and there are alternatives for corporations. You then file proof of service (an affidavit) with the court. Serve promptly and keep careful records of when and how you served, because the defendant's 20-day clock does not start until service is properly done. Sloppy service is one of the easiest ways to stall your own case.

What evidence should I bring to Small Claims Court?

Bring everything that proves your version of events: the contract or agreement, invoices, emails and text messages, photos, receipts, bank records or e-transfer confirmations showing what was paid, and anything proving you have sued the right party. Organize it in date order and bring copies for the judge and the other side, not just yourself. In my experience the side with a clean, chronological binder almost always comes across as more credible. Disorganized evidence — a phone full of screenshots you scroll through on the day — undercuts even a strong case.

What happens at the settlement conference?

A settlement conference is mandatory in any defended action before trial, under rule 13. You and the other side meet with a deputy judge who reviews the evidence, gives a frank read on how the case might go, and tries to help you settle. It is informal and confidential — nothing said there can be used against you at trial. On the day it usually runs an hour or two. Come prepared with your organized documents and a realistic sense of what you would accept, because a large share of cases actually resolve here rather than at trial.

How do I prepare for a Small Claims trial?

Build your case around three things: your story, your documents, and your witnesses. Write out the sequence of events so you can tell it clearly and in order. Organize your evidence in a binder, in date order, with copies for the court and the other side. Line up any witnesses who saw what happened and make sure they can attend. Think through what the other side will argue and how you will answer it. Trials are usually a single day, so being organized matters — a deputy judge can only act on the evidence you actually put in front of them.

How do I present my case in court — what do I say?

Keep it simple and factual. When it is your turn, tell the judge what happened in plain, chronological order, and point to the documents that back up each part. Answer the questions you are asked directly, and resist the urge to argue or interrupt. If you are questioning the other side or a witness, ask short, specific questions rather than making speeches. In my experience the self-reps who do best are the ones who stay calm, stick to the facts, and let their organized evidence do the talking instead of getting emotional.

What do I do after I win or lose?

If you win, you have a judgment — a court order that money is owed. That is not the same as being paid. If the defendant will not pay voluntarily, you have to enforce it through tools like garnishment or a writ against property, and that can take more time. If you lose, you generally have to pay the judgment and any costs ordered. In limited cases you may be able to appeal to the Divisional Court within 30 days, but only where the order exceeds the threshold. Either way, read the order carefully and act within any deadlines it sets.

Do I need a lawyer for any of these steps?

You are entitled to handle a Small Claims case entirely on your own, and many people do — the court was built for that. Whether you should is a separate question I cover in detail elsewhere. In my experience self-reps tend to do fine on straightforward, well-documented disputes, and they run into trouble on cases with legal wrinkles, a difficult opponent, or real money on the line. You can also get help at just one stage — a defence review, settlement-conference prep, or trial coaching — without handing over the whole file.

Final thoughts

Representing yourself in Small Claims Court is entirely doable — the court was built for it — but "doable" and "easy" are not the same word. The people who succeed are not the ones with the best legal vocabulary; they are the ones who knew the order of the steps, hit their deadlines, and walked in organized. If you take nothing else from this guide, take the sequence: confirm the claim, file the right form, serve properly, gather and order your evidence, use the settlement conference, and be ready for trial if it comes to that.

If you are still deciding whether to handle it alone, read can I represent myself in Small Claims Court first — this guide is the how, that one is the whether. And remember you do not have to choose all or nothing: a lot of self-reps just want a lawyer to review a defence, prep them for the conference, or coach them before trial.

If you would like a second set of eyes on your case at any stage, call 416-554-1639 or book a free consultation. A short conversation can confirm you are on the right step — and flag the one thing that might have tripped you up.