What kinds of disputes can I bring to Ontario Small Claims Court?
Ontario Small Claims Court handles civil money claims up to $35,000 arising from a wide range of disputes. Common types include unpaid invoices or contracts, security deposit disputes between landlords and tenants (for claims outside the Landlord and Tenant Board's jurisdiction), damage to property, consumer complaints against a business, loans between individuals, bad cheques, and wage recovery that falls outside the Ministry of Labour's processes.
The court cannot grant equitable remedies such as injunctions, specific performance orders, or declarations — those require the Superior Court. Nor can it handle criminal matters, family law disputes (child support, custody, divorce), or most employment matters governed by statute. Claims based on defamation are technically possible in Small Claims Court if under the limit, but they are procedurally challenging without legal help.
Landlord and tenant rent or eviction disputes that fall under the Residential Tenancies Act generally go to the Landlord and Tenant Board, not Small Claims Court. However, if a landlord seeks compensation for damages exceeding the LTB's jurisdiction, Small Claims Court may be the right venue. The overlap can be confusing, and a brief consultation helps identify the correct forum.
Key takeaways
- Small Claims Court covers money claims up to $35,000 from a wide variety of disputes.
- It cannot grant injunctions, specific performance, or other equitable remedies.
- Most landlord-tenant rent/eviction disputes go to the Landlord and Tenant Board instead.
- Confirming you are in the right forum before filing saves time and filing fees.