Question 1

What can I sue for in small claims court in Canada?

Accepted Answer

Small claims court handles money claims — unpaid debts, damage to property, breach of contract, security deposit disputes, and similar civil claims. You cannot use small claims court for criminal matters, family law issues, or injunctions. Claim limits range from $16,000 (PEI) to $100,000 (Alberta as of 2023). If your claim exceeds the provincial limit, you can either waive the excess or file in a higher court.

Question 2

Do I need a lawyer for small claims court?

Accepted Answer

No. Small claims court is specifically designed for self-represented litigants. You can bring a lawyer if you choose, but it's rarely cost-effective for smaller claims. In Nova Scotia and Quebec, lawyers are not permitted to represent parties in small claims court at all. Most people represent themselves successfully with good preparation.

Question 3

How long do I have to file a small claims case?

Accepted Answer

In most provinces, the limitation period is 2 years from when you knew (or should have known) about the issue. Quebec has a 3-year prescription period for most contractual claims. Manitoba has a 6-year period for some contract claims. Once the limitation period passes, you lose the right to sue — so act promptly. If you're unsure, file sooner rather than later.

Question 4

What happens if I win but the defendant won't pay?

Accepted Answer

Winning a judgment does not automatically mean you receive payment. You may need to enforce it by garnishing the defendant's wages or bank account, registering a lien against their property, or seizing assets through a bailiff or enforcement officer. Each province has different enforcement mechanisms. Many defendants do eventually pay once enforcement proceedings begin.

Question 5

How much does it cost to file a small claims case?

Accepted Answer

Filing fees typically range from $40 to $350 depending on the province and the amount claimed. In Ontario, the filing fee is $108 for claims up to $10,000 and $228 for claims $10,001–$50,000. In BC, the fee is $100–$350 for court claims ($5,001–$35,000) or $125 for CRT online (up to $5,000). Filing fees are often awarded as part of your judgment if you win.

Small Claims Court in Canada

Claim limits by province

Ready to file your claim?