If I have several small claims, can they add up past the cap even if none alone would reach it?

Generally yes, if the indemnity cap is drafted as an aggregate ceiling, which is the common approach in Ontario purchase agreements. An aggregate cap limits the total amount a seller can ever be required to pay across all indemnity claims combined over the relevant period, rather than limiting each individual claim separately, so several smaller claims that each qualify under the basket can accumulate together and, once their combined total reaches the cap, further recovery generally stops even if additional valid claims exist.

The basket threshold typically works the same aggregate way in most agreements, meaning qualifying losses across multiple claims are added together toward the threshold rather than evaluated claim-by-claim in isolation, though as with the cap itself, this depends on the specific drafting rather than a universal rule. A buyer tracking several smaller issues that individually seem minor should still keep a running total against both the basket and the cap, since the cumulative effect across multiple claims is usually what determines how much is actually recoverable, not any single claim viewed on its own.