Who is allowed to bring a claim in Ontario Small Claims Court?

Almost any person or business can file a claim in Ontario Small Claims Court, including individuals, sole proprietors, corporations, partnerships, and non-profit organizations. The court's rules do not restrict who may be a plaintiff as long as they have a legal basis for the claim and the amount does not exceed the monetary limit.

Minors (persons under 18) generally cannot file on their own: a litigation guardian — typically a parent, legal guardian, or the Children's Lawyer — must file and manage the proceeding on their behalf. The one exception is a claim of $500 or less, which a minor may bring as if of full age (r. 4.01 (2)). Similarly, a person who lacks legal capacity must act through a litigation guardian.

Corporations are allowed to file and defend in Small Claims Court, but unlike an individual they cannot appear “in person”: the corporation acts through a representative — a lawyer, a licensed paralegal, or in many cases an officer or employee — and in practice a paralegal or in-house officer often handles the matter. If you are unsure whether your organization can file directly, a quick consultation with a paralegal or lawyer can clarify your options before you spend the filing fee.