Small Claims Court

Claims up to $50,000 · Plaintiffs & Defendants

Small Claims Court is where most everyday disputes in Ontario are resolved. It is a branch of the Superior Court of Justice, and the rules are simpler than those of an ordinary action. We act for plaintiffs and for defendants in Small Claims Court throughout Ontario.

Overview

Small Claims Court hears claims for money or the return of personal property up to $50,000, not counting interest and costs. The limit was raised from $35,000 on October 1, 2025. If a claim is worth somewhat more than that, the excess can be abandoned so that the matter proceeds in Small Claims Court. Whether that makes sense depends on the size of the claim and how complex it is.

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.

Do You Need a Lawyer?

Small Claims Court is built for self-represented parties, and for a straightforward unpaid invoice counsel may not be necessary. Parties may also be represented by a paralegal. Representation tends to be worth it where the other side has a lawyer or paralegal, where the facts or the contract are genuinely in dispute, where a counterclaim has been filed, or where a judgment against a business is at stake. We can also assist with a single step, such as drafting the claim or defence, without running the whole file.

An honest assessment of whether the claim is worth bringing at all
Claims and Defences drafted so the real issue is clear from page one
Deadlines tracked, so nothing is lost to a missed filing date
Experienced negotiation at the settlement conference, where most cases resolve
Trial advocacy before a deputy judge if settlement is not achievable
Enforcement after judgment, so a win on paper becomes money in hand
Who We Serve

Small businesses and contractors chasing unpaid accounts
Individuals who lent money and were never repaid
Consumers left out of pocket by a deposit or a botched job
Homeowners in disputes with trades and renovators
Defendants served with a claim who need it answered properly
Judgment creditors who need the judgment actually collected
If your claim exceeds $50,000, you must either abandon the excess to stay in the Small Claims Court or bring the action in the Superior Court of Justice. We will tell you plainly which route makes more sense for the amount actually at stake.
Common Questions

Quick answers to what clients ask us most. Have a different question? We're glad to help.

The monetary limit is $50,000, excluding interest and costs. That limit was raised from $35,000 on October 1, 2025. 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 $5,000, 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.

Contact us about your claim.

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