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.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available 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 of process for starting a legal case in the Small Claims Court can be 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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than 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.