How to file in Ontario Small Claims Court

What Small Claims Court handles

The court hears civil claims for money or property worth up to $35,000: unpaid debts and invoices, breach of contract, property damage, and unreturned deposits. If your claim is worth more, you can abandon the excess to stay in Small Claims — a common strategic choice, since the process is far faster and cheaper than Superior Court.

Some matters don't belong here: family law, defamation in some forms, and claims against the federal Crown go elsewhere. When in doubt, the court's published guide to claims lists what's in and out.

Step 1: send a demand letter first

Before filing, send a written demand letter giving the other side a clear deadline (usually 10–14 days) to pay or fix the problem. This isn't just good practice — judges at the mandatory settlement conference routinely ask whether you tried to resolve things first, and a paper trail of reasonable behaviour strengthens your position.

Keep a copy of the letter and proof of delivery (email read receipt or registered mail). If the deadline passes with no response, you're ready to file.

Step 2: file your Plaintiff's Claim

Claims are filed online through Ontario's court filing portal (Form 7A — Plaintiff's Claim). You'll state who is suing whom, the amount claimed, and the facts in numbered paragraphs. Name defendants precisely — suing 'Mike's Renovations' instead of the legal business name is a classic error that causes dismissal.

There is a filing fee (check the current fee schedule on Ontario.ca before filing — fees are modest and recoverable if you win). After filing, the claim must be served on each defendant personally or by an accepted alternative method, with an affidavit of service to prove it.

Watch the limitation clock: Ontario's Limitations Act, 2002 generally gives you two years from when you discovered the claim. Miss it and the claim is dead regardless of merit.

Step 3: the settlement conference

Every defended claim goes to a settlement conference — a mandatory, informal meeting with a judge or deputy judge aimed at resolving the case without trial. Most Small Claims cases settle here or shortly after.

Come prepared: bring your demand letter, the contract or invoices, photos, receipts, correspondence, and a clear bottom line. Prepare a one-page chronology. The judge will give both sides a frank assessment — listen carefully, because it's a preview of trial.

Step 4: trial and judgment

If settlement fails, the case goes to trial — still informal by court standards, but evidence rules apply. Bring originals of every document, organize exhibits in order, and bring witnesses if their testimony matters (a written statement alone is hearsay).

If you win, the judgment is not self-executing: you may need to enforce it through garnishment of wages or bank accounts, or a writ of seizure and sale of property. Enforcement is a separate process with its own forms and fees — factor that into whether suing is worth it.