Claims up to $35,000 · Plaintiffs & Defendants
The Small Claims Court is designed to be faster, simpler and far less expensive than a full civil action — but the money at stake is real, and so are the deadlines. We make sure your claim, or your defence, is put properly.
The Small Claims Court is a branch of the Ontario Superior Court of Justice. It hears claims for money owed, and for the recovery of possession of personal property, up to a monetary limit of $35,000 — a limit raised from $25,000 on January 1, 2020 — excluding interest and costs.
Proceedings are governed by the Rules of the Small Claims Court, which are deliberately streamlined: shorter forms, simplified procedure, and trials heard by a deputy judge. Simplified does not mean easy. Claims are still won and lost on how clearly the case is pleaded, documented and argued.
Unpaid Invoices & Accounts
Work performed, goods delivered, services rendered — and no payment. We assemble the paper trail, issue a demand, and where that fails, bring a Plaintiff's Claim and take it through to judgment.
Loans Between Individuals
Money lent to a friend, a family member or a former partner, with or without a written agreement. Text messages, e-transfer records and bank statements are often all the evidence a claim needs.
Deposits & Failed Deals
Deposits and down payments withheld after a transaction falls through — a cancelled service, an undelivered order, a rental or a smaller real estate arrangement. We assess who is entitled to the money and why.
Contractor & Renovation Disputes
Work abandoned mid-job, defective workmanship, or a homeowner refusing to pay for work properly done. We act on both sides, and we are candid about what the repair estimates and photographs actually prove.
Property Damage
Damage to a vehicle, a home, a rental unit or business property — including claims left unresolved after an insurer has paid part of the loss, and claims against a tenant or a neighbour.
Defending a Claim
Served with a Plaintiff's Claim? A Defence is due within a short, fixed period, and missing it invites default judgment. We prepare the Defence, raise a Defendant's Claim where you have your own losses, and negotiate from there.
Settlement Conferences & Trial
We prepare and attend the mandatory settlement conference, and where a matter does not settle, present it at trial before a deputy judge — with evidence organized to be understood quickly.
Enforcing a Judgment
A judgment is not payment. We enforce it — garnishment of wages or bank accounts, a writ of seizure and sale filed against land, and an examination of the debtor to find out what assets exist.
Parties are entitled to represent themselves in the Small Claims Court, and many do. Where the amount is meaningful, the other side is represented, or the facts are contested, having a lawyer prepare and present the case changes the odds considerably.
A general illustration of the path a claim follows. Timelines depend on the court location and its scheduling — and most matters resolve before trial.
Plaintiff's Claim
The claim is issued in the Small Claims Court for the territorial division where the defendant lives or carries on business, or where the events took place — then served on the defendant.
Defence
The defendant has twenty days after service to file a Defence. If no Defence is filed, the plaintiff may note the defendant in default and move for default judgment.
Defendant's Claim
A defendant with a claim of their own — against the plaintiff or another party — may file a Defendant's Claim so both disputes are heard together.
Settlement conference
A mandatory conference before a judge or referee, held after the pleadings close. The issues are narrowed, the evidence is canvassed, and settlement is actively explored. A great many cases end here.
Trial
If no settlement is reached, the matter is set down for trial before a deputy judge. Procedure is simplified and the rules of evidence are applied flexibly, but preparation still decides the outcome.
Enforcement
With judgment in hand, collection begins: garnishment, a writ of seizure and sale, or an examination of the debtor to identify income and assets.
Quick answers to what clients ask us most. Have a different question? We're glad to help.
The monetary limit is $35,000, excluding interest and costs. That limit was raised from $25,000 on January 1, 2020. If your claim is worth more, you can either abandon the excess to remain in Small Claims Court or bring the action in the Superior Court of Justice.
No — parties may represent themselves, and many do. But where the amount matters to you, the other side is represented, or the facts are genuinely in dispute, having a lawyer draft the pleadings, negotiate at the settlement conference and present the case at trial makes a real difference.
Act immediately. A Defence must be filed within twenty days after you are served; if you miss that deadline you can be noted in default and a default judgment can be granted against you. If you have your own losses arising from the same events, a Defendant's Claim can be filed as well.
It is a mandatory meeting before a judge or referee after the pleadings are complete. The issues are narrowed, the evidence each side intends to rely on is reviewed, and settlement is actively explored. A large share of Small Claims Court matters resolve at this stage.
A judgment is not payment — it has to be enforced. The Small Claims Court offers several tools: garnishment of wages or bank accounts, a writ of seizure and sale filed against land or personal property, and an examination of the debtor under oath to identify their income and assets. We handle enforcement as well as the claim itself.
An appeal lies to the Divisional Court where the judgment is for more than $3,500, excluding costs, and must be started within a short, strict deadline after the order is made. Speak to us promptly if you are considering an appeal.
Owed money, or served with a claim? Get a straight answer about where you stand.