How to Navigate Ontario’s Small Claims Court: What You Need to Know Before Filing

Introduction

If you’re considering legal action to recover money or property in Ontario, the Small Claims Court may be an accessible and efficient option. But proper preparation is key — to maximise your chances of success and avoid unnecessary cost, delay or complications. At MJ Law Services, we specialise in guiding clients through dispute resolution, and we’re pleased to walk you through what you need to know before filing a claim in the Small Claims Court.

1. What is the Small Claims Court?

The Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes involving claims for money or the return of personal property.
As of October 1, 2025, the monetary limit for filing a claim in the Small Claims Court will increase to $50,000 (excluding interest and costs).
This means if your dispute involves, say, unpaid invoices, a security deposit dispute, or property damage and the amount falls under that threshold, the Small Claims Court may prove the right forum.

2. Is the Small Claims Court Right for You?

Before you file, you should assess whether the Small Claims Court is the most appropriate path — and whether you are ready. Consider the following factors:

Amount of your claim: It must be within the monetary limit (≤ $50,000 as of October 2025).
Nature of the dispute: Typical cases include unpaid debts, breach of contract, services/products undelivered, or property damage.
Collectability: Winning a judgment is one thing; being able to collect it is another. The Court emphasises that you need to think about enforcement.
Complexity of the case: If your case involves complex contracts, substantial legal issues or you expect strong defence or counterclaims, you may need more formal legal support.

If the above align in your favour — claim amount within limits, clear documentation, and manageable risk — then filing the claim may be a strategic next step. If not, you should consider alternatives or seek legal guidance.

3. Step-by-Step: How the Process Works

Here’s a simplified walkthrough of the Small Claims Court process in Ontario — and where you’ll want to focus your efforts.

3.1 Filing the Claim

Prepare the Plaintiff’s Claim (Form 7A) or the relevant court-form.
Identify the parties, provide contact info, state the amount claimed (plus interest if applicable), and explain what happened — clearly and concisely.
Decide where to file: usually the court in the city/town where the event happened or the defendant lives or carries on business.
Pay the filing fee. The standard filing fee for an infrequent claimant is noted in government resources.
You can file in person, by mail, or online (depending on region).

3.2 Serving the Defendant

After filing, you must serve the claim on the defendant(s). The rules are strict: you must follow service methods and file an Affidavit of Service to prove you did so.

3.3 Wait for a Defence or Default

Once served, the defendant has a deadline (commonly 20 calendar days) to file a defence. If they fail to respond, you may proceed with default proceedings (which may lead to a default judgment).

3.4 Settlement Conference

If a defence is filed and there remains a dispute, the court usually schedules a settlement conference. This is a chance to resolve the matter without full trial.

3.5 Trial

If settlement fails, your matter will move to trial. At trial you present your evidence (documents, witness testimony) and the other side presents theirs. The judge issues a decision. Preparation is key.

3.6 Enforcement of Judgment

If you win, the court will issue a judgment, but you then must enforce it — e.g., via garnishment, seizure of assets, liens. The Court emphasises that enforcement is a separate process.

4. Common Mistakes & How to Avoid Them

Many claims falter not because they’re weak, but because of avoidable mistakes. Here are some of the common pitfalls and how to steer clear of them:

Avoid these mistakes by being thorough, timely, and well-organised.

5. Tips for Strengthening Your Claim

Here are practical tips you can apply to improve your chances of success:

Start with a demand letter: Before filing, send a clear demand for payment or performance. It may prompt settlement and strengthen your position.
Organise your evidence: Use a chronological file. Create tabs for contract, communications, invoices, photos. A “Book of Exhibits” with numbered tabs and table of contents helps.
Be proactive about service and filings: Keep receipts, tracking, affidavits.
Attend the settlement conference prepared: Bring your evidence, know your bottom line, and be realistic about settlement. The judicial officer will often give their opinion of how your case might be decided.
Set realistic expectations regarding enforcement: If the debtor has no assets or is insolvent, winning may still leave you without paid relief.
Review your cost/benefit: Even though Small Claims Court is more accessible than higher courts, it still involves time, costs, and risk. Make sure the possible reward justifies the effort.

6. When to Reach Out for Legal Help

While the Small Claims Court is designed to be user-friendly and accessible (you are not required to have a lawyer), there are many occasions when engaging legal advice makes sense:

Your dispute involves complex contracts or multiple parties
The amount is near the upper limit and there are risks or defences
The opposing party has legal representation
You anticipate enforcement will be difficult or require specialist knowledge
You’re unsure about procedural compliance (forms, service, affidavits)

At MJ Law Services we can assist you with assessment of your case, preparation of forms, strategy for service/enforcement, and representation where appropriate.

7. Why Choose MJ Law Services?

At MJ Law Services we specialise in civil litigation and dispute resolution in Ontario. With our guidance you can:

Confidently draft and file your claim or defence
Navigate the settlement conference or trial process without overwhelm
Be better prepared for service and enforcement of any judgment
Make informed decisions about whether to pursue litigation or consider alternative resolution

8. Ready to Take the Next Step?

If you have a dispute and you’re considering filing in the Small Claims Court, don’t go it alone. Contact MJ Law Services today to schedule a consultation and see how we can assist.

Email: mjlawservices@gmail.com
Mobile: +1-647-787-0815
Phone: +1-647-660-9666

MJ LAW