Starting a claim (Form 7A)

What this stage is

This is where your case officially begins. You prepare 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 on Form 7A, attach 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 and your supporting documents, and file (a document)File (a document)To give a document to the court office so it becomes part of the official court record. Filing is different from serving, which means giving it to the other side.Close definition of File (a document) it with the court. When the court accepts it, the claim is issuedIssuedWhen 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 gets a court file numberCourt file numberThe number the court gives a case when the claim is issued. You put it on every document you file afterward, so the court can match it to your case.Close definition of Court file number, and you can then serve it on the defendantDefendantThe person or business being sued. The defendant responds to the claim by filing a Defence.Close definition of Defendant.

Your claim is the court's first look at your case. A clear, well-organized claim makes every later step easier.

What you need to do

1. Fill out Form 7A

Form 7A asks for the basics:

• the court location you chose under Rule 6
• your name and contact details, as 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
• the name and address of each defendant
• how much you are claiming
• a short summary of why you are owed the money

If there is more than one plaintiff or defendant, add Form 1A: Additional Parties.

2. Write your Schedule A

Schedule A is where you tell your story in full. It is attached to Form 7A. A good Schedule A:

• uses numbered paragraphs, one fact per paragraph
• tells events in date order
• names who did what, when and where
• gives exact amounts, with a breakdown that adds up
• points to the document that proves each key fact
• ends with exactly what you want the court to order

Stick to facts you can support. Leave out insults and guesses. A judge wants to know what happened, not how angry you are, even if your anger is fair.

3. Attach your supporting documents

Attach the documents your claim is based on, such as the contract, invoices or receipts. If a document is missing or lost, explain why in your claim [VERIFY: rule on attaching documents]. Number your documents so you can refer to them easily.

4. File and pay the fee

File your claim with the Small Claims Court office for your location. You may be able to file online [VERIFY: online filing options]. The fee to file a claim is $108 for an infrequent claimant. Fees can change, so check the current fee 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. If you cannot afford the fee, ask about a fee waiverFee waiverPermission not to pay certain court fees because paying them would be a hardship. Who qualifies and how to apply is set by the court [VERIFY].Close definition of Fee waiver [VERIFY].

The clerkClerkA court staff member who accepts and reviews documents, issues claims, and handles some steps such as noting a defendant in default. Clerks cannot give legal advice.Close definition of Clerk reviews the claim and, if it is complete, issues it. You get back a copy with the court file number and the court's seal or stamp [VERIFY: what the issued copy looks like].

The deadlines at this stage

• Before you file: your limitation periodLimitation periodThe time limit to start a court case. In Ontario it is generally 2 years from when you discovered your claim, under the Limitations Act, 2002. If you miss it, you may lose the right to sue.Close definition of Limitation period is generally 2 years from discovery (Limitations Act, 2002).
• After the claim is issued: you must serve each defendant within 6 months (Rule 8.01(2)).
• The two-year warning: the clerk can dismiss your case for delay if it is not finished, and no trial date has been requested, by the second anniversary of the day it started (Rule 11.1.01). Mark that date now.

Forms

• Form 7A: Plaintiff's Claim
• Form 1A: Additional Parties, if needed
• Form 8A: Affidavit of Service, for the next stage

Common mistakes

• Amounts that do not match. The total in Form 7A, in Schedule A and in your list of damages must all be the same.
• Telling the story out of order. Jumping around makes the claim hard to follow. Use dates.
• Missing documents. If your claim is about a contract or invoice, attach it.
• Wrong legal names. Check them again before you file. See Who to sue and where to file.
• Going over the limit. Your claim cannot be more than $50,000, not counting interest and costs.
• Forgetting to keep a copy. Keep the issued claim and your fee receipt together.

What happens next

Once your claim is issued, you need to deliver it to every defendant. Go on to Serving documents.

Need to go back? See Who to sue and where to file.