Small Claims Court — Ontario
Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Small claims court is the part of the justice system designed for people without lawyers. The procedural rules are stripped down, the filing fees are low, and judges are used to walking self-represented parties through it.
Where small claims gets confusing is the monetary limit — it varies dramatically by province:
- Alberta: up to $100,000
- Ontario: up to $50,000 (raised in October 2025)
- British Columbia: Civil Resolution Tribunal up to $5,000; Small Claims Court up to $35,000
- Quebec: up to $15,000 — and unusually, lawyers are not allowed to represent you in court
The mechanics are the same everywhere: file the claim, serve the other party, attend the hearing, get a judgment. Then the harder part — collecting on it.
When does it apply?
- Civil disputes — unpaid invoices, property damage, breach of contract, consumer complaints, deposit disputes.
- Your claim has to fit under the provincial monetary limit.
What to Do If You Need to Sue Someone for Money in Canada
- Confirm the right court and limit in your province before doing anything else.
- Pull together the evidence — receipts, contracts, photos, emails, text messages, in date order.
- File the claim and pay the fee (usually well under $200).
- Serve the other party using the method the court requires — improper service kills cases on technicalities.
- Show up prepared. Organised documents, a one-page chronology, and a calm tone go further than you'd expect.
- Bring witnesses who can speak to what they personally saw.
What should you NOT do?
- Don't miss the limitation period. Most provinces give you 2 years from the date you knew (or should have known) about the loss.
- Don't try to squeeze a claim above the limit into small claims. It'll be dismissed or transferred up — and the costs follow.
- Don't ignore a claim filed against you. Default judgment means you've lost without ever speaking.
- Don't get emotional in court. Stick to facts and dates — the bench has heard everything else.
How Ontario differs from federal law
Ontario's Small Claims Court handles civil disputes for claims up to $35,000 (not including interest and costs). It is designed to be accessible to people without lawyers.
- Small Claims Court is a branch of the Ontario Superior Court of Justice. There are courthouses across the province.
- Common claims include: unpaid debts, property damage, breach of contract, return of personal property, and consumer disputes.
- You do not need a lawyer to file or defend a small claims case. Many people represent themselves. You can also be represented by a licensed paralegal (regulated by the Law Society of Ontario) or a lawyer.
- The process starts with a Plaintiff's Claim (Form 7A). After the defendant files a Defence, the court schedules a settlement conference — a mandatory meeting with a judge or deputy judge to try to resolve the case without a trial. Most cases settle at or before this stage.
- If the case goes to trial, it is decided by a judge alone (no jury). The rules of evidence are relaxed compared to Superior Court.
- Filing fees range from about $102 to $252, depending on the amount claimed and whether you are filing electronically. Fee waivers are available for people on low income.
Additional Steps in Ontario
File your claim online through the Ontario Small Claims Court E-Filing Service or in person at the courthouse nearest to where the defendant lives or where the dispute occurred. Forms are available at ontariocourtforms.on.ca. Before filing, consider sending a demand letter — this often resolves the issue without court. Free legal advice for Small Claims Court is available through Pro Bono Ontario and Community Legal Clinics.
Relevant Law: Courts of Justice Act, R.S.O. 1990, c. C.43, s. 23 (Small Claims Court); Small Claims Court Rules, O. Reg. 258/98; Law Society Act, R.S.O. 1990, c. L.8 (paralegal regulation)
Common Questions
What is the small claims court right in Canada?
Small claims court is the part of the justice system designed for people without lawyers. The procedural rules are stripped down, the filing fees are low, and judges are used to walking self-represented parties through it.Where small claims gets confusing is the monetary limit — it varies dramatically by province:Alberta: up to $100,000Ontario: up to $50,000 (raised in October 2025)British Columbia: Civil Resolution Tribunal up to $5,000; Small Claims Court up to $35,000Quebec: up to $15,000 — and unusually, lawyers are not allowed to represent you in courtThe mechanics are the same everywhere...
When does small claims court apply?
Civil disputes — unpaid invoices, property damage, breach of contract, consumer complaints, deposit disputes.Your claim has to fit under the provincial monetary limit.
What should I do if someone in Canada owes me money and refuses to pay?
Confirm the right court and limit in your province before doing anything else.Pull together the evidence — receipts, contracts, photos, emails, text messages, in date order.File the claim and pay the fee (usually well under $200).Serve the other party using the method the court requires — improper service kills cases on technicalities.Show up prepared. Organised documents, a one-page chronology, and a calm tone go further than you'd expect.Bring witnesses who can speak to what they personally saw.
What mistakes should I avoid with small claims court?
Don't miss the limitation period. Most provinces give you 2 years from the date you knew (or should have known) about the loss.Don't try to squeeze a claim above the limit into small claims. It'll be dismissed or transferred up — and the costs follow.Don't ignore a claim filed against you. Default judgment means you've lost without ever speaking.Don't get emotional in court. Stick to facts and dates — the bench has heard everything else.
Small Claims Court in other states
Same topic, different jurisdiction. Pick the one that applies to you.