Small Claims Court in Ontario (2026)
File a claim for up to $50,000 in Ontario without a lawyer. Here's exactly what to do — step by step.
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Demand letter, claim summary, evidence checklist, and post-judgment collection guide — ready to use.
Ontario Small Claims — Key Facts
Court
Small Claims Court (Ontario Superior Court of Justice)
Claim limit
$50,000 — As of October 1, 2025, the limit increased to $50,000. Does not include interest or costs.
Filing fee
$108 to file a claim (infrequent claimant); $228 (frequent claimant — 10+ claims filed at the same court this calendar year). Flat fee regardless of claim amount.
How to file
File a Plaintiff's Claim (Form 7A) at the Small Claims Court office in the defendant's jurisdiction. Can also be filed online at Ontario Court eFiling.
Serving the defendant
You must serve the defendant with your filed claim personally (in person) or by mail/courier with an address. You cannot serve it yourself — have someone else over 18 serve it, then file a Certificate of Service.
Step-by-Step: Filing in Ontario
- 1
Determine if your claim is under $50,000 and is appropriate for Small Claims Court.
- 2
Try to resolve informally first — a demand letter often prompts payment without court.
- 3
Complete Form 7A (Plaintiff's Claim) with defendant's full legal name, address, and what happened.
- 4
File at the court office with the filing fee. Keep a copy of everything.
- 5
Serve the defendant within 6 months of filing. Have someone over 18 do the service.
- 6
File a Proof of Service (Certificate of Service) with the court.
- 7
Attend the Settlement Conference — most cases settle here.
- 8
If not settled, prepare for Trial: organize your evidence, witnesses, and receipts/invoices.
- 9
Attend Trial and present your case. Be concise and factual.
- 10
If you win, enforce the Judgment if the defendant doesn't pay voluntarily.
What Happens at the Hearing
If the defendant disputes the claim, a Settlement Conference is scheduled first. If unresolved, the case proceeds to a Trial. Both parties present evidence; the judge decides and issues a written Judgment.
After You Win: Collecting Your Judgment
Winning doesn't automatically put money in your hand. You may need to file a Notice of Examination to question the debtor under oath, garnish wages or bank accounts, or seize personal property with a Writ of Seizure and Sale.
If the Defendant Counterclaims
Defendant can file a Defence and Defendant's Claim (counterclaim). A defendant's claim for more than $50,000 will split the case — the excess must be abandoned or the case moved to Superior Court.
Ontario-specific things to know
- •Ontario eFiling is available at efiling.ontariocourts.ca — file claims and documents online.
- •There is a 2-year limitation period from when you knew or ought to have known of the claim.
- •You can bring a representative (paralegal) or a lawyer; self-represented is common.
- •If defendant doesn't show up for trial, you may get a default judgment.
- •Small Claims Court awards can include the claim amount, pre-judgment interest, and partial costs.
Common Questions
Do I need a lawyer for small claims in Ontario?
No. Small Claims Court is designed for self-represented litigants. You may bring a lawyer if you choose, but it's usually not cost-effective for smaller claims. Most people represent themselves.
What if my claim is more than $50,000?
You can either waive the amount above $50,000 and file in Small Claims Court, or file in a higher court (Superior/Queen's Bench/Court of King's Bench) where lawyers are typically needed and the process is more formal and expensive.
How long do I have to file? (Limitation period)
Most claims in Ontario must be filed within 2 years of when you knew or reasonably should have known about the issue. Check your specific situation — some claims have shorter deadlines.
What if the defendant doesn't show up?
If the defendant was properly served and doesn't appear, the court will typically proceed and you may receive a default judgment in your favour. You still need to present your evidence.
Official sources
Last updated: June 2026
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