Your Small Claims Questions — Answered Clearly Before You File

Ontario Small Claims Court is a branch of the Superior Court of Justice that handles civil disputes for amounts up to $50,000, not including interest or legal costs. 

It’s designed to be faster, simpler, and less formal than higher courts.

Common types of Small Claims matters include:

• Unpaid invoices
• Contract disputes
• Unpaid loans
• Property damage
• Unpaid rent or deposits
• Faulty work or services
• Collection of money owed
• Monies and damages owed that is no longer under LTB jurisdiction

As of October 1, 2025, the maximum claim amount in Ontario Small Claims Court is $50,000, excluding interest and legal costs.

If your claim exceeds $50,000, you must either:

• Abandon the excess to stay in Small Claims Court, or
• File in Superior Court, which is more complex and expensive.

Timelines vary by region and court backlog, but most cases take:

• 6–12 months if settled early
• 12–18+ months if they proceed to trial

Factors like complexity, scheduling availability, and cooperation of parties affect timing.

You begin by completing and filing a Plaintiff’s Claim.

This includes:

• A description of what happened
• The amount you’re claiming
• Evidence supporting your case

After filing, you must legally serve the Defendant.

After being served, the Defendant has 20 days to file:

• A Defence
• A Settlement Proposal
• A Defendant’s Claim (counterclaim)
• or
• Nothing (allowing you to seek Default Judgment)

If no Defence is filed within 20 days, you may request Default Judgment, which can significantly speed up the process. 

You’ll still need to provide proper evidence to the court.

A Settlement Conference is a mandatory meeting where:

• A Deputy Judge reviews the case
• The parties discuss settlement
• Issues are clarified
• Next steps for trial are planned

Most cases are scheduled for a Settlement Conference 2–4 months after pleadings close.

Many steps can be handled remotely, including:

• Filing documents
• Serving parties
• Settlement Conferences (phone or Zoom)
• Some motions

⚠️Important: Trials may be in-person or virtual depending on the court’s instructions.

You are not required to have legal representation, but hiring a paralegal can help:

• Avoid mistakes
• Meet deadlines
• Prepare strong evidence
• Navigate court procedures
• Improve your chances of a favourable outcome

Court fees typically include:

• Filing the Plaintiff’s Claim
• Serving documents
• Scheduling trial
• Enforcement steps (e.g., garnishment)
• Costs can vary, but expect several hundred dollars in court fees alone.

You should gather any documents that support your claim, including:

• Contracts or agreements
• Invoices or receipts
• Emails or text messages
• Photos or videos
• Witness statements
• Payment records

⚠️Important: Organized evidence helps your case significantly.

At trial, each party will:

• Present evidence
• Call witnesses
• Make submissions to the Judge
• The Judge will then issue a decision.

⚠️Important: Most trials last one full day.

The court does not collect money for you. You may need to begin enforcement, such as:

• Wage garnishment
• Bank garnishment
• Seizing property
• Filing a writ

A paralegal can assist with these steps.

Yes. 

Parties can settle before filing, before the conference, after the conference, or even at the courthouse on trial day. 

Settlements must be clearly written and signed.

You may qualify for a court fee waiver if financial hardship applies. 

This is completed using a separate form.

Yes — you can name multiple Defendants if they are all involved in the dispute.

Yes. Businesses, corporations, and sole proprietors can both sue and be sued.

You must file a Defence within 20 days of being served.

⚠️Important: Failing to respond can lead to Default Judgment against you.

Yes — missing deadlines can:

• Delay your case
• Cause your documents to be rejected
• Result in judgment against you

A paralegal helps ensure nothing is missed.