How to File a Plaintiff's Claim in Ontario Small Claims Court

Small Claims Court is Ontario's fastest and most accessible forum for resolving money disputes. As of writing, it handles claims up to $35,000 — enough to cover unpaid invoices, security deposit disputes, minor contractor problems, and many other everyday conflicts. You do not need a lawyer to file, but having one review your claim before you submit can save you from costly procedural mistakes.

This guide walks you through starting a small claims action in Ontario, from choosing the right courthouse to understanding what happens after you file.

Before You File: Is Small Claims Court the Right Forum?

Ask yourself three questions:

1. Is your claim for money only? Small Claims Court awards money — it cannot order someone to do something (that requires Superior Court).
2. Is the amount $35,000 or less (as of writing)? If your damages exceed the limit, you can voluntarily reduce your claim to fit, but you give up the right to recover the balance later.
3. Is your claim still within the limitation period? In Ontario, the basic limitation period is 2 years from the date you knew (or ought to have known) you had a claim. Miss this window and the court will almost certainly dismiss your case. Verify current limitation rules with a lawyer, as exceptions exist.

Step 1 — Gather Your Evidence Before You File

Courts reward organized plaintiffs. Before you fill out a single form, collect:

• Written agreements — contracts, emails, text messages, invoices, receipts
• Proof of payment or non-payment — bank records, e-transfer confirmations, cancelled cheques
• Photographs or videos — especially useful for property damage or defective goods
• Correspondence — demand letters you sent, any responses from the defendant
• Witness names and contact information

Tip: write a one-page timeline of events in plain language. You will use it to draft your claim, and it will double as a preparation tool if the case goes to a settlement conference or trial.

Step 2 — Choose the Right Courthouse

File at the Small Claims Court location that covers:

• the place where the contract was made or was to be performed, or
• the place where the defendant lives or carries on business, or
• the place where the damage occurred.

Ontario's Ministry of the Attorney General website lists all Small Claims Court locations. Mississauga claims typically fall under the Brampton courthouse, but verify the correct venue for your situation before filing.

Step 3 — Complete Form 7A (Plaintiff's Claim)

The Plaintiff's Claim is Form 7A under the Rules of the Small Claims Court. You can download it from the Ontario Court Forms website. Fill in:

Parties

• Plaintiff: Your full legal name (or the company name if suing as a business) and address for service
• Defendant: The defendant's full legal name — this matters. If you sue "ABC Services" but the registered business name is "ABC Services Inc.," service and enforcement can be complicated. Check the Ontario Business Registry if you are suing a corporation.

Amount Claimed

State the amount you are claiming plus the $35,000 cap reminder. Break it into components if helpful (e.g., unpaid invoice: $18,000; interest at the agreed rate: $900; filing fee: $102).

Reasons for Claim

This is the most important section. In plain language, explain:

1. How the parties are connected (e.g., "The defendant hired the plaintiff to renovate a bathroom under a written contract dated…")
2. What the defendant did or failed to do (e.g., "The defendant received the completed work but refused to pay the final invoice of…")
3. The damages that resulted

Keep it factual. Avoid legal jargon and emotional language. Courts want to know what happened, when, and how much.

Step 4 — Pay the Filing Fee

As of writing, Ontario Small Claims Court filing fees depend on the amount claimed:

• Claims up to $1,000 — lower fee tier
• Claims from $1,000.01 to $10,000 — mid-range fee
• Claims from $10,000.01 to $35,000 — higher fee

Verify current fees directly with the courthouse or on the Ontario government website before filing — fees change periodically and are not guaranteed to match any published guide.

You pay the filing fee at the courthouse counter or, at some locations, online. Keep your receipt; it is proof of filing.

Step 5 — File Your Claim

Bring or mail the completed Form 7A (two copies plus one for each defendant) to the courthouse. The clerk will:

• Stamp your claim with the date
• Assign a claim number
• Return a copy to you

Your claim is now officially started.

Step 6 — Serve the Defendant

Filing is not enough — the defendant must receive a copy of the claim. This is called service. For most individual defendants, the Rules allow:

• Personal service — hand-delivering the documents directly to the person
• Alternatives — leaving the claim at the defendant's place of residence with an adult resident, or at the defendant's place of business with an employee who appears to be in charge

For corporations, service is typically at the registered office.

You must serve the defendant within six months of the filing date (as of writing — verify current rules). After service, you file a Proof of Service (Form 8A) with the court to show service was completed properly.

What Happens After Filing

Once the defendant is served, they have 20 days to file a Defence (Form 9A). From there, the court typically schedules a Settlement Conference — a mandatory meeting with a judge or deputy judge where both sides try to resolve the dispute without a trial. If no settlement is reached, the matter proceeds to a Trial.

Small Claims trials are relatively informal compared to Superior Court, but rules of evidence still apply. Being unprepared is the most common reason plaintiffs lose winnable cases.

Practical Tips

• Send a demand letter first. A written demand gives the defendant a chance to pay voluntarily, demonstrates you acted reasonably, and sometimes resolves the matter without court at all.
• Claim pre-judgment interest. Ontario's Courts of Justice Act allows plaintiffs to claim interest on the amount owing from the date the right arose. Note this on Form 7A.
• Keep copies of everything. File a copy of every document you submit to the court and every document you receive.
• Calendar your deadlines. Missed deadlines in Small Claims Court can result in dismissal or default.