Getting Started in Small Claims Court:

Question: What document do I need to file to start a Small Claims Court lawsuit in Ontario, and what do I need to get right before submitting it?

Answer:    A Small Claims Court case in Ontario generally begins by filing a Plaintiff’s Claim (Form 7A), available online, where the “easy” parts are filling in basic party and contact information, but the claim narrative must be written in a clear chronology and with care, because what you say (and what you leave out) can affect how the court understands your case. You should review Rule 7 of the Rules of the Small Claims Court before you file, and think through common pitfalls like being countersued, what happens if you lose, whether costs may be sought, possible third party claims, name errors (misnomer), and whether the dispute becomes more complex than expected.  If you want a practical, non-confidential checklist to help you prepare your Plaintiff’s Claim package, Sharda Paralegal can help you navigate the process and next steps, call today.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible 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 on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.