Ontario Small Claims Court: a plain-language guide

What is Small Claims Court?

Small Claims Court is the court in Ontario that deals with smaller money disputes. You can ask the court for up to $50,000. That limit does not count interestPrejudgment interestInterest on money owed from the date it was owed up to the date of judgment. The rate may come from a contract or be set under Ontario law [VERIFY: how the rate is set].Close definition of Prejudgment interest or costsCostsMoney the court may order one side to pay the other for expenses of the case, such as court fees. Costs are separate from the amount claimed, and there are limits on them [VERIFY].Close definition of Costs. It has been the limit since October 1, 2025.

Many people go through Small Claims Court without a lawyer or paralegalParalegalA person licensed in Ontario to give some legal services, including help with Small Claims Court cases [VERIFY: scope of paralegal licence]. Paralegals charge fees for their work.Close definition of Paralegal. If you do, you are a self-representedSelf-representedHandling your own court case without a lawyer or paralegal. Many people in Small Claims Court are self-represented.Close definition of Self-represented party. The steps can feel strange at first. But each one makes sense once you see where it fits. This guide walks you through the whole path, one stage at a time.

Who is it for?

There are two sides in every case.

• The plaintiffPlaintiffThe person or business that starts a court case by filing a claim. The plaintiff asks the court to order the defendant to pay.Close definition of Plaintiff is the person or business that starts the case. They ask the court to order the other side to pay.
• The defendantDefendantThe person or business being sued. The defendant responds to the claim by filing a Defence.Close definition of Defendant is the person or business being sued.

People use Small Claims Court for things like:

• a loan or debt that was never paid back
• an unpaid invoice for work you did
• a contract or service that went wrong
• a product you bought that was not as promised
• damage to your car, home or belongings
• a deposit that was not returned

Some kinds of disputes belong in a different court or tribunal [VERIFY: which kinds, for example residential landlord and tenant disputes]. Not sure if your problem fits? Try our free Can I use Small Claims Court? checker.

If you are suing: the plaintiff's path

1. Check before you sue. Make sure your claim is $50,000 or less, that you are not too late, and that you have asked the other side to pay. Read Before you sue.
2. Check your time limit. Most claims must start within 2 years of when you discovered (a claim)Discovered (a claim)The day you knew, or should have known, that you had a loss caused by someone else and that a court case was a fitting way to fix it [VERIFY: exact legal test]. Your 2-year limitation period generally starts on this day.Close definition of Discovered (a claim) the problem. Read Limitation periods.
3. Name the right people and pick the right court. Read Who to sue and where to file.
4. Prepare and file your claim. You fill out a plaintiff's claimPlaintiff's ClaimThe court form that starts a Small Claims case (Form 7A). It names the parties, says how much is claimed and why, and comes with a Schedule A.Close definition of Plaintiff's Claim (Form 7A) and tell your story in a schedule aSchedule AThe pages attached to a claim or Defence that tell your side of the story in numbered paragraphs. It sets out the facts, the amounts and what you want the court to order.Close definition of Schedule A. The court then issuesIssuedWhen the court officially accepts a claim, gives it a court file number and marks it with the court seal [VERIFY]. The 6-month time to serve the claim starts on the day it is issued (Rule 8.01(2)).Close definition of Issued it. Read Starting a claim.
5. Serve the defendant. You must deliver the claim to each defendant within 6 months after it is issued. Read Serving documents.
6. Check for a defence. The defendant has 20 days after being served to respond. If they do not, ask the clerk to note them in default, then ask for default judgmentDefault judgmentA judgment made because the defendant did not file a Defence in time, without a trial. For a debt or fixed amount, it is requested on Form 11B (Rule 11.02).Close definition of Default judgment. Read Default judgment.

If you are being sued: the defendant's path

1. Read the claim and note the date you got it. Your 20-day clock starts when you are served.
2. File your Defence. You serve and file a defenceDefenceThe defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.Close definition of Defence (Form 9A) within 20 days of being served (Rule 9.01). You can dispute the claim, admit part of it, or admit it and offer payment termsPayment termsA plan to pay money owed over time, such as a set amount each month. A defendant can propose payment terms in a Defence, and the plaintiff can dispute them within 20 days (Rule 9.03).Close definition of Payment terms. Read Responding to a claim.
3. Think about your own claim. If the plaintiff owes you money, you may be able to file a defendant's claimDefendant's ClaimA claim a defendant makes in the same case, against the plaintiff or someone else (Form 10A). It must be filed within 20 days after the Defence is filed (Rule 10.01).Close definition of Defendant's Claim (Form 10A).
4. If you missed the deadline, you may be noted in defaultNoted in defaultWhen the court records that a defendant did not file a Defence in time. After that, the defendant cannot file a Defence without the court's permission or the plaintiff's consent (Rule 11.05).Close definition of Noted in default. There is still a process to ask the court to undo it. Read Default judgment.

The steps both sides share

Once a Defence is filed, both sides follow the same path.

1. Settlement conference. A meeting to try to settle and get ready for trial. Read Settlement conference.
2. Preparing for trial. Request a trial date, share your documents, and line up your witnesses. Read Preparing for trial.
3. Trial day. Each side tells its story and shows its evidenceEvidenceAnything used to prove a fact in court, such as documents, photos, messages and what witnesses say. The judge decides the case based on the evidence.Close definition of Evidence to a judge. Read Trial day.
4. Collecting on a judgment. Winning is not the same as getting paid. Read Collecting on a judgment.

Most cases never reach trial. Many settle along the way, often at or after the settlement conference.

Key deadlines at a glance

These come from the Rules of the Small Claims Court and the Limitations Act, 2002.

• Start your claim: generally within 2 years of discovering it (Limitations Act, 2002).
• Serve the claim: within 6 months after it is issued (Rule 8.01(2)).
• File a Defence: within 20 days of being served (Rule 9.01).
• File a Defendant's Claim: within 20 days after the Defence is filed (Rule 10.01).
• Settlement conference: held within 90 days after the first Defence is filed (Rule 13.01).
• Request a trial date: if the case is not settled within 30 days after the settlement conference (Rule 13.07).
• Serve trial documents: at least 30 days before trial (Rule 18.02).
• Avoid dismissal for delay: the clerk can dismiss a case that is not finished, and has no trial date requested, by the second anniversary of the day it started (Rule 11.1.01).

Service by mail and holidays can change a deadline. Always confirm your dates with the court officeCourt officeThe office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.Close definition of Court office.