What is the difference between Small Claims Court and Superior Court in Ontario?

Small Claims Court and the Superior Court of Justice are both part of Ontario's court system but differ significantly in scope, procedure, and cost. Small Claims Court handles money claims up to $35,000 and is designed to be accessible to non-lawyers, with simplified forms, lower filing fees, and faster timelines. The proceedings are less formal and the rules of evidence are more relaxed.

The Superior Court of Justice handles claims above $35,000 and also has jurisdiction over matters Small Claims Court cannot touch: injunctions, equitable remedies, real property ownership disputes, family law applications, and complex commercial litigation. The procedures are more formal — detailed pleadings, full documentary discovery, examinations for discovery, and pre-trial conferences are all standard.

Legal costs are a key practical difference. In Small Claims Court, even a fully contested case rarely generates costs exposure above several thousand dollars. In the Superior Court, fully litigated commercial cases routinely generate legal fees in the tens or hundreds of thousands of dollars, with successful parties recovering only a portion through costs awards.

For disputes that fit within the $35,000 limit, Small Claims Court is almost always the faster and more cost-proportionate forum. For larger or more complex disputes, the Superior Court's fuller procedural toolkit may be necessary to resolve the matter properly.