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LEGALS — SMALL CLAIMS COURT

Small Claims Court — claims up to $50,000, both sides represented.

Civil claims up to $50,000 (exclusive of costs and interest) in the Ontario Small Claims Court — pleadings, settlement conferences, trials, and enforcement of judgments. Appeals to the Divisional Court from $5,000. We represent plaintiffs and defendants.

Get in TouchCall 647-286-4266
LICENSED PARALEGAL
Law Society of Ontario
NOTARY PUBLIC
Province of Ontario
BASED IN
Brampton, ON
OVERVIEW

The Small Claims Court — what it is, and what it isn't.

Ontario's Small Claims Court is a branch of the Superior Court of Justice. It handles civil claims for money or the return of personal property up to $50,000 (exclusive of costs and interest). It's designed to be more accessible than higher civil court — simpler forms, mandatory settlement conferences, and no jury — but it's a real court with real rules. Hearings are conducted by Deputy Judges.

Paralegals licensed by the Law Society of Ontario have full standing in Small Claims Court — drafting pleadings, conducting settlement conferences, examining witnesses, making submissions at trial. We represent on both sides — drafting and issuing claims, defending, and enforcing or resisting enforcement after judgment. Appeals to the Divisional Court are available for judgments of $5,000 or more exclusive of costs.

WHAT WE HANDLE

Plaintiff side, defendant side.

Whether you're suing or being sued, the same Small Claims Court rules apply. The strategy and the document set are different depending on which side you're on.

Plaintiff side

Drafting, issuing, and prosecuting a claim — through to enforcement.

  • Demand letter before action where the matter can be resolved without court
  • Drafting and issuing the Plaintiff's Claim
  • Settlement conference preparation and representation
  • Trial preparation, witness preparation, and trial advocacy
  • Costs submissions on winning a claim
  • Enforcement — writs of seizure and sale, notices of garnishment, examination in aid
  • Default judgment where the defendant fails to defend

Defendant side

Defending, counter-claiming, and managing payment after judgment.

  • Drafting the Defence within the 20-day deadline
  • Defendant's Claim (counter-claim) where you have a claim against the plaintiff
  • Setting aside default where you were noted in default in error
  • Settlement conference strategy and offers to settle
  • Trial defence and cross-examination
  • Payment plans and consent judgments where the right outcome
  • Resisting enforcement (claims for exemption, garnishment hearings)
HOW IT WORKS

From demand letter to enforcement.

Realistic timeline: undefended matters can resolve in a few months; contested matters typically run a year from filing to trial, sometimes longer depending on the local court's scheduling.

01

Case assessment & demand letter

We review the facts, identify the cause of action, calculate the claim (principal + pre-judgment interest + costs), and consider whether a demand letter can resolve the matter before action — often the cheapest path.

02

Plaintiff's Claim / Defence filing

If no settlement: we draft and issue the Plaintiff's Claim, attach the supporting documents, and serve. For defendants: we draft and file the Defence within 20 days of service, plus any Defendant's Claim where you have a counter-claim.

03

Settlement conference

A mandatory step before trial. The deputy judge encourages settlement and narrows the issues. About half of Small Claims matters resolve here. We prepare offers to settle in advance — the right offer can shift cost consequences at trial.

04

Trial — judgment — enforcement

If no settlement, trial. After judgment: enforcement on the plaintiff side (writ of seizure and sale, garnishment of wages or bank accounts, examination in aid of execution); for defendants, payment plans or proposals to resolve the judgment debt.

WHAT WE'LL ASK FOR

Documents at a glance.

Small Claims cases turn on the paper trail. Bring everything you have — gaps in the record are harder to fix once we've issued or defended.

The dispute itself

  • Contracts, invoices, signed agreements
  • Correspondence between the parties (emails, texts, letters)
  • Demand letters and any prior settlement attempts
  • Photos, videos, receipts evidencing the loss

Plaintiff side

  • Calculation of damages — principal, pre-judgment interest, costs
  • Defendant's last known address(es) for service
  • Defendant's business information where applicable (corporate name, address for service)
  • Witness contact information

Defendant side

  • The Plaintiff's Claim served on you (with the date you received it)
  • Documents that contradict the plaintiff's account
  • Records of any payments you've already made
  • Any counter-claim — the basis for it and supporting documents

Identification

  • Government photo ID for the parties
  • Corporate documents if a party is a corporation
  • Authority to represent (where filing on behalf of a business)

After judgment — enforcement

  • Order or judgment (file copy)
  • Debtor's last known address and employer
  • Bank or financial information you reasonably believe the debtor holds
  • Existing writs registered against the debtor (PPSA / Land Registry)
COURT FEES

What the Small Claims Court charges.

Filing fees depend on whether you are an "infrequent" plaintiff (10 or fewer claims in a year) or a "frequent claimant" (more than 10). Defendants and most other steps have their own fee. Fees are set under O. Reg. 432/93 and are periodically updated — confirm current amounts when filing.

  • Plaintiff's Claim — infrequent plaintiffFiling fee applies
    10 or fewer claims in a calendar year — lower of the two filing tiers.
  • Plaintiff's Claim — frequent claimantHigher filing fee applies
    More than 10 claims in a calendar year — applies to most collection agencies and businesses with high claim volume.
  • Defendant's Claim (counter-claim)Filing fee applies
  • Notice of motionPer-motion fee applies
  • Writ of seizure and sale / Notice of garnishmentPer-document fees
  • Fee waiver — for litigants of limited meansAvailable on application
    The court may waive filing fees where the applicant qualifies under the Administration of Justice Act.

Filing fees adjust periodically — confirm the current schedule at the time of filing. Service of documents by certified mail or process server, witness fees, and Sheriff's enforcement fees are billed separately.

View the Small Claims Court at the Superior Court of Justice ↗
FAQ

Questions we're asked most.

Small Claims matter — plaintiff or defendant?

Tell us the dispute amount, the dates, and the documents you have. We'll respond within one business day with the realistic path — demand letter, claim, defence, or settlement.

Get in Touch647-286-4266