Small Claims Court Ontario – Get the Justice You Deserve

Are you owed money? Facing a contract dispute? Need to recover damages? The Small Claims Court of Ontario is a fast and cost-effective way to resolve disputes of $35,000 or less without lengthy legal battles. At Go Global Immigration, we provide expert legal guidance to help you navigate the process with confidence.

What Can You File a Small Claim For?

✔ Unpaid loans or invoices

✔ Property damage or personal injury (excluding car accidents)

✔ Breach of contract disputes

✔ Unpaid rent or security deposit claims

✔ Faulty services or goods

Step-by-Step Process to File a Small Claim

1️⃣ File a Plaintiff’s Claim – Submit your case online or at the courthouse.

2️⃣ Serve the Defendant – Deliver legal notice to the opposing party within six months.

3️⃣ Await a Response – If the defendant doesn’t respond within 20 days, you can request a default judgment.

4️⃣ Settlement Conference – If a defence is filed, a judge-led meeting is scheduled to encourage resolution.

5️⃣ Trial (if needed) – If no agreement is reached, both parties present their case in court.

6️⃣ Judgment Issued – The judge makes a final ruling, which can be enforced if payment is not made.

Small Claims Court: Step-by-Step Guide

Can You File a Small Claims Case?

Are you claiming $35,000 or less? If yes, you can file a plaintiff’s claim. If your claim exceeds this amount, you must proceed through the Superior Court of Justice.
Has it been two years or less since you became aware of the incident? If yes, you can file. If not, you may no longer be eligible to file a claim.

Step 1: File a Plaintiff’s Claim

Submit your Plaintiff’s Claim along with supporting documents online or in person at an Ontario courthouse closest to the event’s location or where the defendant resides/operates.

✔ Need help filling out the claim? [Click here]

✔ Want to know the filing fees? [Check here]

Step 2: Serve Your Claim

Once your claim is filed and stamped by the court, you must serve the defendant(s) within six months. You can serve the documents yourself or through a process server.

✔ Read the rules of service [here].

Step 3: File Proof of Service

The person serving the claim must complete Affidavit of Service (Form 8A) and submit it to the court. Find all required small claims court forms [here].

Step 4: Wait for the Defendant’s Response

If the defendant does not respond within 20 days, you can request the court to note them in default.
If the defendant files a Defence (Form 9A) within 20 days, and no settlement is reached, a Settlement Conference will be scheduled.

Both parties will receive a Notice of Settlement Conference and a List of Proposed Witnesses (Form 13A), which must be served at least 14 days before the conference.

✔ Learn more about settlement offers and their consequences [here].

Step 5: Attend the Settlement Conference

A judge or referee will oversee the conference to facilitate settlement discussions.

If both parties agree, the judge issues a final order.
If no agreement is reached, the court will issue an Endorsement Record and a Notice to Set Action Down for Trial. One party must request and pay to schedule a trial.

If no trial request is made, the claim may be dismissed due to delay.

✔ What to bring to a Settlement Conference? [Read more here].

Step 6: Attend the Trial

If no settlement is reached, the case proceeds to trial.

Both parties will receive a trial date notice.
If a party cannot attend, they must file a motion to adjourn with valid reasons.
Failure to attend may result in dismissal or a default judgment.

Step 7: Judgment

After reviewing submissions and witness testimonies, the judge will issue a decision either on the trial day or later.

A written judgment will be provided to both parties.
If a party was absent, they can file a motion to set aside the judgment within 30 days of becoming aware of it.

⚠ A judge’s ruling is an order, not a guarantee of payment.

Step 8: Appeal

If you disagree with the judgment, you can appeal the decision in Divisional Court.

Step 9: Enforcing a Judgment

If you win and the other party does not voluntarily pay, you can enforce the judgment through:

✔ Examination Hearing – The debtor may be ordered to pay through the court.

✔ Garnishment – Seizing wages or bank accounts.

✔ Writ of Seizure & Sale – Claiming personal property or land.

✔ Writ of Delivery – For return of specific property.

✔ Need to enforce a judgment? [Learn how here].

📞 Need Help with Small Claims Court? Contact Us Today!

Types of Claims Handled by Ontario Small Claims Court

Ontario Small Claims Court has jurisdiction over a broad spectrum of civil matters, including:

Debt collection: Claims involving unpaid debts, such as loans, credit card balances, or outstanding invoices.
Breach of contract: Disputes arising from the failure of one party to fulfill their obligations under a contract.
Property damage: Claims for compensation due to damage caused to personal or real property.
Personal injury: Claims for damages resulting from minor injuries, such as slip and fall accidents or dog bites.
Unpaid invoices and loans: Disputes related to non-payment of goods or services rendered, or failure to repay borrowed funds.
Wrongful dismissal from employment: Claims by employees who believe they have been wrongfully terminated from their jobs.
Disputes between landlords and tenants: Issues related to rental agreements, security deposits, or property damage.
Construction and home renovation disputes:
Disagreements between contractors and homeowners regarding the quality of work, payment, or contract terms.

It is important to note that Small Claims Court in Ontario does not have jurisdiction over criminal cases, family law matters, or claims exceeding $35,000. These types of cases must be filed in other courts.

Collecting Judgment Monies

If a Plaintiff is successful in their claim and the court awards a judgment in their favor, the next step is to collect the judgment monies from the Defendant. In some cases, the Defendant may voluntarily pay the judgment. However, if the Defendant fails to pay, the Plaintiff may need to take additional steps to enforce the judgment, such as garnishing the Defendant’s wages or seizing their assets.