Getting Started in Small Claims Court:

Question: What should I consider before commencing a Small Claims Court proceeding in Ontario, including whether I might face a counterclaim or costs if I lose?

Answer: Before you file a Plaintiff’s Claim (Form 7A) and commence a proceeding in Ontario Small Claims Court under Rule 7 of the Rules of the Small Claims Court, it’s important to plan your pleadings, evidence, and risks such as counterclaims, possible costs if you lose, and complications like third-party claims or naming the wrong party.  Defend-it Legal Services can help you get organized for a clear, defensible claim with paralegal support and practical case-prep steps, and, when relevant, private investigation services such as background searches & fingerprinting agency work that can strengthen what you can prove.  For an Ontario-focused paralegal and investigative intake call, contact (289) 275-3513 to discuss your matter and next steps.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.