Disclaimer / Compliance: This post provides general legal information about Ontario law. It is not legal advice and does not create a lawyer‑client relationship. Laws, court forms, and procedures can change. For advice about your situation, consult a lawyer or licensed paralegal.
Ontario Small Claims Court is designed to resolve civil disputes in a faster, simpler, and more cost‑effective way than the Superior Court of Justice. It is often referred to as the ‘people’s court’ because individuals and small businesses can bring claims without navigating the full complexity of traditional civil litigation.
This long‑form guide explains how Ontario Small Claims Court works in practice. It covers who can sue, what types of claims are allowed, how a case moves from filing to settlement conference and trial, and how judgments are enforced. The goal is to help you understand the process before you start or respond to a claim.
1) What Is Ontario Small Claims Court
Small Claims Court is a branch of the Ontario Superior Court of Justice. It handles civil disputes involving money or the return of personal property, up to the court’s monetary limit. As of 2026, most claims can be brought for amounts of up to $50,000, excluding interest and costs.
2) Types of Cases Commonly Heard in Small Claims Court
Small Claims Court typically hears matters such as unpaid invoices or loans, breach of contract disputes, property damage claims, faulty or incomplete services, and claims for the return of personal property. Some disputes fall under specialized tribunals and may not belong in Small Claims Court.
3) Before You Sue: Key Considerations
Before starting a Small Claims Court case, it is important to confirm the correct legal name of the person or business you intend to sue, ensure you have a valid address for service, and confirm that your claim is within the applicable limitation period. Gathering contracts, invoices, emails, photographs, and other evidence early can make a significant difference.
4) Starting a Case: Plaintiff’s Claim
A Small Claims Court case begins when the plaintiff files a Plaintiff’s Claim. This document sets out who is being sued, what happened, and the remedy being requested. Clear, factual drafting is essential. The court expects material facts, not arguments or emotional statements.
5) Serving the Defendant
After the Plaintiff’s Claim is issued, it must be served on the defendant using one of the permitted service methods. Proper service is critical. If service is done incorrectly, the case may be delayed or dismissed, and default proceedings may not be available.
6) Defence, Default, and Next Steps
A defendant generally has 20 days after being served to file a Defence. If no Defence is filed, the plaintiff may take steps toward default judgment. If a Defence is filed, the court will usually schedule a mandatory settlement conference.
7) Settlement Conference
The settlement conference is a meeting with a deputy judge to explore settlement and narrow the issues. Many Small Claims Court cases resolve at this stage, saving both parties time and expense. Parties are expected to come prepared with evidence and a realistic view of resolution.
8) Trial
If a case does not settle, it proceeds to trial. Trials in Small Claims Court are more informal than in higher courts, but evidence, witnesses, and credibility still matter. Judges decide cases based on the evidence presented and the applicable law.
9) Judgment and Enforcement
Winning a judgment does not guarantee payment. If the defendant does not pay voluntarily, the successful party may need to take enforcement steps such as wage garnishment, bank garnishment, or filing a writ of seizure and sale.
10) Common Small Claims Court Mistakes
Common mistakes include suing the wrong legal entity, missing deadlines, improper service, disorganized evidence, and assuming that a judgment automatically results in payment. Understanding the process in advance can help avoid these issues.
Ontario Small Claims Court FAQ
Timelines vary depending on the court location, service issues, and whether the case settles. Well‑prepared cases tend to move more efficiently.
Do I need a lawyer or paralegal?
Many people represent themselves, but legal assistance can be helpful for complex or higher‑value claims.