Getting Started in Small Claims Court:

Question:How do I start a Small Claims Court lawsuit in Ontario and what should I include in my Plaintiff’s Claim (Form 7A)?

Answer:To start a Small Claims Court case in Ontario, you prepare and issue a Plaintiff’s Claim using Form 7A, then follow the filing requirements in Rule 7 of the Rules of the Small Claims Court, and focus your claim on the specific facts needed to support what you’re asking the court to order while avoiding unnecessary or irrelevant details that can hurt credibility or open the door to issues like a counterclaim or costs.   If you want help drafting the right narrative for your circumstances, Theresa Forrest, Paralegal can help you get organized for Form 7A and next steps so you’re not guessing, call (519) 902-4223 in Ontario to speak with a paralegal.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The primary parts of the form are relatively easy involving simple fill in the blanks information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Note: Please contact Theresa Forrest, Paralegal by phone at: (519) 902-4223 to discuss any specific questions that you may have.

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 lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.