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) 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. 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 they have a special restriction: they cannot be represented by a lawyer or paralegal as of right at the trial unless they also retain a representative; 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.
Key takeaways
- Individuals, corporations, partnerships, and non-profits may all file claims.
- Minors and persons lacking capacity must act through a litigation guardian.
- Corporations often use a licensed paralegal to represent them in Small Claims Court.