Small Claims or
Superior Court?
Not sure which court your case belongs in? This tool weighs the $50,000 Small Claims limit, the $200,000 Simplified Procedure ceiling, and the kind of order you actually need — then, where you have a choice, shows whether it pays to cap your claim and stay in the cheaper, faster forum. Editable cost ballparks; nothing sent anywhere. Updated for 2026.
· Reviewed by Jonathan Kleiman, J.D.
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Should you sue in Small Claims Court or Superior Court?
Sue in Small Claims Court if your claim is $50,000 or less and you only need money or the return of property — it's faster, cheaper, and you can represent yourself. Use the Superior Court of Justice if your claim is larger, or if you need an order Small Claims can't grant, like an injunction or specific performance.
The catch is the middle ground. If your claim tops $50,000 you can still cap it and stay in Small Claims, giving up the excess in exchange for a far cheaper, faster case — sometimes that leaves more in your pocket, sometimes it doesn't. Tell the calculator what you're claiming and what you need, and it shows which courts are open to you and what each one is likely to leave you with.
Small Claims or Superior Court?
Find the right court for your case — and, where you have a choice, whether it pays to stay in Small Claims. Fields marked * are required.
What's the difference between Small Claims Court and Superior Court?
Small Claims Court is a streamlined branch of the Superior Court for money claims up to $50,000; the Superior Court of Justice handles everything larger and every claim that needs more than money. Small Claims is built for speed and access: simpler forms, a settlement conference, a single hearing, and rules you can navigate without a lawyer. The Superior Court offers the full toolkit — pleadings, documentary and oral discovery, motions, and a wider range of remedies — but that power comes with more time, more procedure, and much higher cost.
Which court can hear my claim?
The amount and the kind of order you want decide it. Money claims of $50,000 or less go to Small Claims Court. Money claims from $50,001 to $200,000 go to the Superior Court under the streamlined Simplified Procedure (Rule 76). Claims over $200,000 use the ordinary Superior Court procedure. But if you need an injunction, specific performance, or a declaration, you're in the Superior Court no matter how small the dollars — Small Claims can only order money and the return of specific property.
Should I cap my claim to stay in Small Claims Court?
Cap it when the money you'd give up is small next to the extra cost and delay of the Superior Court — don't when you'd be abandoning a large amount. If your claim is, say, $60,000, you can drop $10,000 and sue for $50,000 in Small Claims, where the whole case might cost a few thousand dollars and finish in a year. Fighting for the full $60,000 in Superior Court could cost many times more and take far longer. Give up $10,000 to save $25,000 in fees and two years of your life, and capping wins. Give up $120,000 to save the same fees, and it doesn't. The calculator puts real numbers on that trade-off — and remember, abandoning the excess is permanent.
What does it cost to sue in each court?
Small Claims is dramatically cheaper — often a few thousand dollars — while a Superior Court action typically runs many times more. The gap comes from procedure: discovery, motions, and longer trials all add lawyer time. Simplified Procedure narrows the gap by capping recoverable costs at $50,000 plus $25,000 in disbursements, holding discovery to three hours a side, and limiting trials to five days. The ballpark figures in the calculator are just that — ballparks you can edit — because real fees depend on the case, the opponent, and how hard it's fought. For the court's own filing fees at each step, see the Filing Fee Calculator.
On the line between the two courts?
Free 30-minute consultation. Bring the numbers and the goal; leave knowing the right forum and roughly what it takes.
Why the forum choice matters so much
The court you pick sets your cost, your speed, your remedies, and your risk — get it wrong and you can win the case but lose money doing it. Sue in the Superior Court for a claim a judge decides is worth under $50,000 and Rule 57.05 lets the court deny you costs entirely — the extra fees come out of your winnings. Overshoot in the other direction, capping a large, strong claim just to stay simple, and you hand the other side the difference for free. Higher stakes also mean higher exposure: in the Superior Court you can recover more of your costs when you win, but pay far more of the other side's when you lose. Once you've settled on a forum, pressure- test the fight itself with the Settle or Go to Court Calculator, confirm you're in time with the Limitation Period Calculator, and if you're staying in Small Claims, value the claim with the Small Claims Court Calculator.
Small Claims vs. Superior Court FAQ
Should I sue in Small Claims Court or Superior Court in Ontario?
Sue in Small Claims Court if your claim is $50,000 or less and you only need money or the return of property — it's faster, cheaper, and you can self-represent. Use the Superior Court of Justice if your claim is over $50,000, or if you need an order Small Claims can't grant, such as an injunction, specific performance, or a declaration. For claims between $50,001 and $200,000 the Superior Court uses the streamlined Simplified Procedure.
What is the monetary limit for Small Claims Court in Ontario?
The Small Claims Court limit is $50,000, not counting interest and costs, as of October 1, 2025 (O. Reg. 42/25). If your claim is larger, you can either cap it at $50,000 and permanently give up the excess to stay in Small Claims, or sue for the full amount in the Superior Court of Justice.
What is Simplified Procedure in the Superior Court?
Simplified Procedure (Rule 76) is a faster, cheaper track in the Superior Court for claims between $50,001 and $200,000. It caps recoverable costs at $50,000 plus $25,000 in disbursements, limits examinations for discovery to three hours per side, and caps trials at five days. Claims over $200,000 use the ordinary Superior Court procedure, with full discovery and no cost cap.
Is it worth capping my claim at $50,000 to stay in Small Claims Court?
Sometimes. Capping your claim at $50,000 means permanently abandoning anything above that, but Small Claims Court is far cheaper and faster. If the money you'd give up is small relative to the extra cost and delay of Superior Court, capping can leave more in your pocket overall. If you'd give up a large amount, suing for the full claim in Superior Court usually makes more sense. The calculator prices both sides for your numbers.
Can I get an injunction in Small Claims Court?
No. Small Claims Court can order the payment of money and the return of specific personal property up to $50,000, but it cannot grant an injunction, specific performance, or a declaration. If you need that kind of order, you have to sue in the Superior Court of Justice regardless of the dollar amount.
What happens if I sue in Superior Court for a claim under $50,000?
You can, but it's usually a costly mistake. Under Rule 57.05, if you recover an amount within the Small Claims Court limit in a Superior Court action, the court may order that you recover no costs at all — so the much higher legal fees come out of your own pocket even if you win. For a claim of $50,000 or less, Small Claims Court is almost always the right forum.
Not sure which court is right?
Jonathan Kleiman litigates in both the Small Claims Court and the Superior Court across Toronto and Ontario. Bring your numbers and your goal, and get a straight read on the right forum — and roughly what each path takes.
- Free 30-minute consultation
- Flat-fee and block-fee pricing — no surprises
- Small Claims and Simplified Procedure experience
- Honest read on capping vs. suing for the full amount
- Available evenings and weekends
- Serving Toronto and all of Ontario
Request a free consultation
Describe your claim and what you're trying to achieve, and Jonathan will contact you — usually the same day. If you ran the calculator, your estimate is attached automatically.
About this tool — please read
This page provides general legal information and a simplified decision model for educational purposes only. It is not legal advice, does not account for the specific facts, evidence, or law that govern your dispute, and creates no lawyer–client relationship. The legal-cost figures are broad industry ballparks for illustration only — they are not a quote, not the fees of any particular lawyer or firm, and not tailored to your case; actual costs vary widely with complexity and how hard a case is fought. The right forum can also turn on things this tool does not assess — the nature of the relief, the parties, jurisdiction, mandatory tribunals (such as the Landlord and Tenant Board or the Condominium Authority Tribunal), whether a claim can be split, and more. The $50,000 and $200,000 thresholds are current as of 2026 but can change. Consult a qualified Ontario lawyer about your specific situation before you choose a court and file.
The wrong court can cost you the case.
Book a free 30-minute consultation with Jonathan. Bring what you're claiming and what you need, and leave knowing which court fits — and roughly what each road takes.