Small Claims Court in Ontario
Reviewed by the Commoner Law Editorial Team. 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 an accessible, low-cost court designed for everyday civil disputes. You generally don't need a lawyer, and the process is designed for self-represented people.
The monetary limits vary dramatically by province:
- Alberta: up to $100,000
- Ontario: up to $50,000 (increased October 2025)
- British Columbia: Civil Resolution Tribunal up to $5,000; Small Claims Court up to $35,000
- Quebec: up to $15,000 — and lawyers are not allowed to represent you
The basic process is: file your claim, serve the other party, attend the hearing, and get a judgment.
When does it apply?
- Civil disputes — unpaid invoices, property damage, breach of contract, consumer complaints, security deposit disputes.
- Your claim must be within the monetary limit for your province.
What to Do If You Need to Sue Someone for Money in Canada
- Determine the correct court and monetary limit for your province before filing.
- Gather your evidence — receipts, contracts, photos, emails, text messages.
- File your claim and pay the filing fee (usually under $200).
- Serve the other party according to the court's rules.
- Attend the hearing prepared — bring all your documents organized and ready to present.
- Bring witnesses who can support your version of events.
What should you NOT do?
- Don't miss the limitation period — in most provinces you have 2 years to file.
- Don't bring a claim above the monetary limit — it will be dismissed or transferred to a higher court with higher costs.
- Don't ignore a claim filed against you — the court can issue a default judgment, meaning you automatically lose.
- Don't be rude or emotional in court — stick to the facts and let your evidence speak.
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
When does small claims court apply?
Civil disputes — unpaid invoices, property damage, breach of contract, consumer complaints, security deposit disputes.Your claim must be within the monetary limit for your province.
What should I do if someone in Canada owes me money and refuses to pay?
Determine the correct court and monetary limit for your province before filing.Gather your evidence — receipts, contracts, photos, emails, text messages.File your claim and pay the filing fee (usually under $200).Serve the other party according to the court's rules.Attend the hearing prepared — bring all your documents organized and ready to present.Bring witnesses who can support your version of events.
What mistakes should I avoid with small claims court?
Don't miss the limitation period — in most provinces you have 2 years to file.Don't bring a claim above the monetary limit — it will be dismissed or transferred to a higher court with higher costs.Don't ignore a claim filed against you — the court can issue a default judgment, meaning you automatically lose.Don't be rude or emotional in court — stick to the facts and let your evidence speak.
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