What Types of Cases Can Be Heard in Small Claims Court?

Small Claims Court handles a wide variety of civil disputes, including:Unpaid debts

• Breach of contract claims

• Property damage claims

• Construction disputes

• Unpaid invoices

• Loan repayment disputes

• Business disputes

• Landlord and tenant related claims not within the exclusive jurisdiction of the Landlord and Tenant Board

• Claims involving goods and services

Each case must be assessed individually to determine whether Small Claims Court has jurisdiction.

What Happens If My Claim Exceeds $50,000?

If your claim exceeds the Small Claims Court limit, you may have options.

You may:

Proceed in Superior Court

Claims exceeding the monetary limit may need to be commenced in the Superior Court of Justice.

Abandon the Excess

In some circumstances, a plaintiff may choose to abandon any amount above the Small Claims Court limit in order to proceed in Small Claims Court.

Before making this decision, it is important to understand the legal and financial consequences.

Can Businesses Use Small Claims Court?

Yes.

Corporations, partnerships, sole proprietorships, and other business entities may bring claims in Ontario Small Claims Court.

Many businesses use Small Claims Court to recover unpaid invoices, outstanding accounts, and other debts.

What Can Be Claimed?

Depending on the circumstances, a plaintiff may seek:

• Money owed

• Property recovery

• Compensation for damages

• Interest

• Certain legal costs

The available remedies depend on the nature of the dispute and the evidence available.

What Evidence Should I Bring?

Strong evidence is often critical to a successful claim.

Examples include:

• Contracts

• Invoices

• Receipts

• Photographs

• Emails

• Text messages

• Witness statements

• Financial records

Proper organization of evidence can significantly improve the presentation of a case.

What Happens After a Claim Is Filed?

The Small Claims Court process typically involves:

Filing the Claim

The plaintiff files a Plaintiff's Claim with the court.

Serving the Defendant

The claim must be properly served on the defendant.

Defence

The defendant may file a Defence responding to the allegations.

Settlement Conference

The parties generally attend a settlement conference before a judge or deputy judge.

Trial

If the matter does not resolve, it may proceed to trial.

Frequently Asked Questions

Can I Represent Myself?

Yes.

Individuals may generally represent themselves in Small Claims Court.

However, many parties choose to obtain legal assistance depending on the complexity of the matter.

Can I Recover My Legal Costs?

In some circumstances, the court may award costs.

The amount awarded will depend on the circumstances of the case.

What Happens If I Win?

Winning a judgment does not automatically result in payment.

Additional enforcement steps may sometimes be necessary.

How Long Does a Small Claims Court Matter Take?

Timelines vary depending on the court location, complexity of the dispute, and whether the matter settles before trial.