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Litigation

Do I need a demand letter before filing a Small Claims Court case in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Ontario's Small Claims Court rules do not require you to send a demand letter before filing a claim. You can go straight to the courthouse and file your plaintiff's claim without first contacting the other party in writing.

That said, sending a demand letter first is still a smart move. A well-written demand resolves a significant number of disputes before any court filing, saving you the filing fee and the time spent preparing documents and attending proceedings. If the matter does proceed to court, a judge may factor in whether both sides tried to resolve things first when awarding costs.

For simple, clear-cut debts — such as an unpaid invoice or unreturned deposit — a firm letter giving the debtor 14 to 21 days to pay is often enough to prompt payment. Keep a copy of everything you send. If you do not hear back or the other side refuses to cooperate, you can then file your claim with your demand letter as part of the paper trail. Small Claims Court in Ontario handles claims up to the applicable monetary limit set by regulation, and the process is designed to be accessible without a lawyer, though legal advice is still helpful.

Key takeaways

  • A demand letter is not required before filing in Ontario Small Claims Court.
  • Many disputes settle after a firm letter, saving time and filing fees.
  • Your demand letter becomes useful evidence if the case proceeds.
  • Keep copies of the letter and any proof of delivery.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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