Getting Started in Small Claims Court:

Question: 1) What steps are required to commence a Small Claims Court case in Ontario and what should I say (or not say) in the Plaintiff’s Claim?

Answer: 2) Theresa Forrest, Paralegal helps Ontarians commence Small Claims Court proceedings by preparing the Plaintiff’s Claim (Form 7A) and advising what facts to include and which details to avoid early, so you can meet the requirements under Rule 7 of the Rules of the Small Claims Court, and reduce common pitfalls like name errors, unexpected counterclaims or third-party claims, and cost risk if you lose.   You can get practical help reviewing your story, organizing your claim, and identifying key issues before you file, contact (519) 902-4223 to get started with a paralegal in Ontario.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found online.  The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• What if I am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.