Property Damage Claims in Ontario Small Claims Court
Recover compensation for damage to your property without procedural delays
Property damage can happen fast—through accidents, negligence, or disputes—and the cost of repairs or replacement can escalate quickly. If the responsible party won’t pay, Ontario Small Claims Court may allow you to pursue compensation for damages up to $50,000 (excluding interest and legal costs).
At Cordaie Paralegal Services, our Law Society of Ontario (LSO) licensed paralegals help individuals and businesses take action with confidence and proper preparation.
We support you by assessing claim value, organizing key evidence, preparing court documents, filing in the correct Ontario jurisdiction, and providing advocacy at settlement conferences, motions, or trial when appropriate.
Clients rely on us because we bring momentum, structure, and strategic case preparation to disputes involving vehicles, rental units (outside LTB timelines), personal property, and business assets.
Clear preparation. Strong evidence. Practical legal strategy.
✔ Licensed by the Law Society of Ontario
✔ Flat-Fee Pricing — No Hidden Costs
✔ Serving Clients Across Ontario
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“We used Damian for a Small Claims Court issue, and he resolved it before it even went to trial. We have complete confidence in Cordaie Paralegal.”
— Shane R., Former Client
What is a Property Damage Claim?
A property damage claim in Ontario Small Claims Court is a legal request for financial compensation when someone’s negligence, accident, or breach of responsibility causes damage to personal or business property. This can include vehicles, electronics, rental units (when outside LTB limitation timelines), furniture, tools, or commercial assets.
To move forward, the claim must show what was damaged, who is responsible, the monetary value of the loss, and supporting evidence—such as photos, estimates, invoices, or written communication.
In Ontario, these claims can be filed in Small Claims Court when the total amount sought is $50,000 or less, excluding interest and legal costs.
What Types of Property Damage You Can Claim in Ontario Small Claims Court
In Ontario Small Claims Court, you can pursue financial compensation for direct and provable property losses caused by another party. This includes the reasonable cost of repair or replacement, loss of use, and related out-of-pocket expenses, when supported by clear evidence.
Common examples of recoverable damages may include:
- Vehicle repair or replacement costs
- Damage to rental units (outside LTB limitation timelines)
- Personal property (electronics, furniture, belongings)
- Commercial property and business assets (equipment, tools, inventory)
- Contractor or subcontractor damage disputes
- Emergency repairs or mitigation costs to prevent further loss
What matters most is that the damage is documented clearly, supported with proof, and filed in the correct Ontario jurisdiction, with totals that fall within the $50,000 Small Claims Court limit.
Evidence and Documentation You’ll Need
In Ontario Small Claims Court, evidence and documentation can determine whether your claim moves forward efficiently or faces avoidable setbacks. To start strong, you’ll need clear proof of the damage, responsibility, and the financial loss you’re seeking to recover.
Strong claims are supported by items such as photos or videos of the damage, contracts or agreements, invoices, repair or replacement estimates, receipts, expert reports when applicable, and written communication like emails or messages confirming responsibility or costs.
Our team helps you organize, prepare, and file your evidence strategically from the start—so nothing important is left out or left to chance.
Limitations, Risks and When It May Not Be Worth It
Small Claims Court in Ontario is designed to be faster and less formal than higher courts, but it still has monetary caps, filing rules, evidence requirements, and courthouse-specific backlogs that can impact timelines and cost-benefit decisions. Not every dispute should be pushed to trial—especially if the evidence is weak, the limitation period is near expiry, or the cost of enforcement may outweigh the amount realistically collectible.
Clients choose us early because we provide honest, procedural insight and strategic preparation — including when it may make sense to narrow the claim, prioritize settlement, or reconsider filing entirely.
Smart decisions aren’t about filing more—they’re about filing right. We help you evaluate jurisdiction, evidence strength, collectability, and overall risk so your claim moves forward only when it’s worth your time, cost, and momentum.
HOW IT WORKS
Ontario Small Claims Court Process — Step by Step
Navigating Small Claims Court in Ontario doesn’t have to be confusing. Here is the clear path from filing to collecting — in plain English, with no legal jargon. Whether you’re suing for unpaid work or defending a claim, this guide shows what happens next and where a licensed paralegal fits in.
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Step 1: Prepare & File the Claim
We start by gathering your facts, calculating the amount owed (up to $50,000), and drafting your Plaintiff’s Claim. We file it electronically or in-person and pay the court fee. We double-check everything — names, numbers, facts — so your claim isn’t rejected for errors.
Step 2: Serve the Defendant
The court requires proper legal service of documents to the defendant(s). We arrange personal service, courier, or another court-approved method — and file the required Affidavit of Service.
⚠️Important: If service isn’t done right, the court can throw your case out. We make sure it’s bulletproof.
Wait for a Defence or File for Default
The defendant has 20 days to respond. If they do, we review and prepare for the next steps. If they don’t, we help you apply for a default judgment — quickly and properly.
Defendants often try to delay or avoid service. We stay on top of it so you don’t lose momentum.
Attend the Settlement Conference
A mandatory conference is held with a judge or deputy judge to explore settlement options. You must bring your documents and be prepared to discuss your case. We attend with you — or on your behalf.
Most cases settle here. We negotiate firmly and look for smart resolutions without trial.
Trial and Enforcement
If settlement fails, we go to trial. We organize your evidence, prepare witnesses, draft legal arguments, and represent you in court. This is where strong advocacy makes the difference.
If you win, the court issues a judgment. But collecting is another battle.
We help enforce it via:
- Wage garnishment
- Writs of seizure and sale
- Bank garnishment
- Debtor examinations
- And more
We turn your judgment into actual money — not just a piece of paper.
“Damian is a great professional and a kind man. We were privileged to have had him advocating on behalf of our interests. We utilized his services for a Small Claims Court issue, and he resolved it even before it went to trial. We have unwavering faith in Cordaie Paralegal and thank them for their services!”
Shane R., Former Client
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Why Ontario Chooses Cordaie for Small Claims Court Advocacy
Small Claims Court is less formal than higher courts, but the rules still matter. Ontario clients choose Cordaie because we provide Law Society of Ontario licensed paralegal advocates who combine procedural knowledge with strategic case preparation. From assessing claim value and jurisdiction to drafting submissions and managing filings, you get support that helps your case start organized, credible, and moving in the right court from day one.
We handle the process so you don’t carry it alone. Whether you’re filing a claim, preparing a defence, negotiating at a settlement conference, bringing a motion, or exploring judgment enforcement options, you get a licensed advocate focused on protecting your financial interests in Ontario Small Claims Court.
With flat fees quoted in advance and disbursements charged at cost, clients rely on us for clarity, momentum, and confident in-court advocacy when their matter qualifies.
Property Damage Claim FAQs — Ontario Small Claims Court
Clear answers about responsibility, evidence, timelines, and compensation
Filing or defending a property damage claim in Ontario Small Claims Court can raise urgent questions, especially when you're dealing with repairs, liability, evidence, and court deadlines. This FAQ section gives you plain-language answers about what qualifies as damage, how responsibility is assessed, what impacts timelines, and the compensation limits available through Ontario Small Claims Court.
From proving liability to documenting losses, attending settlement conferences, and understanding enforcement options after judgment, these FAQs help you avoid procedural setbacks and move forward strategically. If you need guidance tailored to your specific matter, we offer a
free, confidential case review so you can start in the right Ontario jurisdiction with clarity and confidence.
1. How much can I sue for in Small Claims Court in Ontario?
As of October 1, 2025, you can sue for up to $50,000, not including interest or legal costs.
This includes unpaid invoices, property damage, contract breaches, and more.
2. Do I need a paralegal or lawyer for Small Claims Court?
You’re not required to have legal representation, but most people benefit from having a licensed paralegal.
We handle paperwork, deadlines, negotiations, and trial advocacy — giving you a stronger case and less stress.
3. How long does a Small Claims Court case take in Ontario?
It depends.
Here’s a general timeline:
- Filing to response: ~2–3 weeks
- Settlement conference: ~2–4 months
- Trial (if needed): ~6–12+ months
- Enforcement: Varies (weeks to months)
⚠️Important: This is a general guideline only. Actual timelines can vary significantly across Ontario and may be longer depending on the courthouse region, scheduling backlog, service requirements, and case complexity.
4. What happens if I win but the other side doesn’t pay?
We can help you enforce your judgment using legal tools like:
- Wage garnishment
- Seizure of assets
- Bank account garnishment
- Debtor examinations
⚠️Important: Winning is just step one — collecting is where we come in strong.
5. Can I still file if the defendant lives in a different city or province?
Yes — you can usually file where the incident occurred or where the defendant lives or does business.
We handle Ontario-wide Small Claims cases, and can guide you if cross-jurisdictional rules apply.
6. What if I’ve already filed and need help part-way through?
We can step in at any stage — whether you’ve just filed, are preparing for trial, or need help collecting.
You don’t need to go it alone.
7. What if I’m being sued and don’t know what to do?
If you’ve been served, the clock is ticking — usually you have 20 days to respond.
We’ll review your situation, draft your defence, and represent you in court if needed.
8. What if I can’t find the person I need to sue?
If the defendant is avoiding service or can’t be located, we use legal methods to:
- Track them down
- Apply for substituted service
- Preserve your legal rights
Damage Costs Add Up Fast —
Don’t Carry Them If They’re Not Yours to Pay.
Let us help you prepare a stronger, properly supported Small Claims Court filing, backed by clear evidence and early jurisdiction review — so you start in the right Ontario courthouse with confidence, not refiling.
We support freelancers, contractors, property owners, landlords, and small businesses who need to recover financial losses or unpaid amounts when the other side goes silent or refuses responsibility.
Whether it’s unpaid invoices, breached agreements, or provable out-of-pocket property damage costs, you get organized document preparation and licensed advocacy through Ontario Small Claims Court when your matter qualifies.
Province-Wide Small Claims Advocacy — Trusted Support From Anywhere in Ontario
No matter where you are in Ontario—from Toronto and Ottawa to smaller and northern communities—you deserve Small Claims Court support that’s simple to access and easy to act on. Our remote-first process lets you move forward without unnecessary courthouse visits, in-person meetings, or procedural guesswork.
Our province-wide Small Claims services are delivered by LSO licensed paralegal advocates who organize your evidence, prepare your claim or defence package, track deadlines, and support settlement conferences, motions, and trial preparation when your matter qualifies.
With upfront flat-fee pricing quoted in advance and disbursements billed at cost, you stay informed, prepared, and positioned to start strong in the right Ontario jurisdiction.
