Small Claims Court in Ontario: The $35,000 Limit and How to Sue

When someone owes you money — a contractor who took payment and disappeared, a landlord who wrongfully kept your deposit, a business partner who never paid their share — Small Claims Court is often the fastest and most affordable way to get justice in Ontario. It is designed to be accessible, meaning the procedures are simpler than Superior Court and many people represent themselves.

Understanding how the court works, what it can and cannot do, and what to expect at each stage will save you time, money, and frustration. This guide walks you through the essentials.

What Is Small Claims Court?

Small Claims Court is a division of the Superior Court of Justice in Ontario. It handles civil disputes involving money or the return of personal property — it does not handle criminal matters, family law, or disputes involving land titles.

As of writing, the monetary limit is $35,000 (excluding interest and costs). Always verify the current limit with the court or a lawyer, as it is set by regulation under the Courts of Justice Act and can change. If your claim exceeds that ceiling, you have two choices: abandon the excess to keep the case in Small Claims, or file in the Superior Court of Justice (Ontario's court for larger civil disputes), where procedures — and costs — are more complex.

Who Can Sue in Small Claims Court?

Almost anyone can bring a claim: individuals, corporations, partnerships, and sole proprietors. You do not need a lawyer, though you may bring one or a licensed paralegal if you wish. The court's simplified rules are built around the idea that ordinary people can navigate the process with reasonable effort.

You must file in the court location for the judicial district where the defendant lives or carries on business, or where the event giving rise to the claim occurred.

Step 1 — File Your Plaintiff's Claim

The process begins when you complete and file a Plaintiff's Claim (Form 7A). This document identifies you (the plaintiff), the person or company you are suing (the defendant), the amount you are claiming, and a plain-language summary of why you are owed that amount.

File the claim at the Small Claims Court counter for the appropriate region. There is a filing fee that scales with the amount claimed — check the current fee schedule on the Ontario Court Services website, as fees are updated periodically.

Once filed, the court issues (officially stamps) your claim and you must serve it on the defendant within a set timeframe. Service rules specify how the claim must be delivered — personal service, mail to a known address, or other approved methods. Proper service is critical; a defendant who was never properly served can have a judgment set aside.

Step 2 — The Defendant's Response

After being served, the defendant has 20 days (if served in Ontario) to file a Defence. They may also file a Defendant's Claim if they believe they have their own claim against you or a third party.

If the defendant does not respond at all, you can request a Default Judgment — the court can award you the amount claimed without a hearing. A default judgment is not a guarantee of payment; it simply gives you a legal tool to collect.

Step 3 — The Settlement Conference

Before any trial, the court requires the parties to attend a Settlement Conference. A judge or deputy judge presides — not to decide the case, but to help the parties explore whether they can resolve it without going to trial.

The settlement conference serves several purposes: the judge may identify the real issues in dispute, point out weaknesses in each side's position, and encourage a negotiated resolution. Many Small Claims cases settle at or shortly after this stage.

If the case does not settle, the judge gives directions for trial: which documents to produce, whether any witnesses need to be called, and a timetable.

Step 4 — Trial

Small Claims trials are less formal than Superior Court trials but still require preparation. Each side presents evidence, calls witnesses, and makes arguments. The rules of evidence are applied less strictly than in higher courts, but the judge still needs credible, relevant proof to find in your favour.

Bring every document that supports your claim: contracts, invoices, receipts, photographs, text messages, emails. Organize them clearly. If you are relying on an expert (for example, a contractor who assessed defective work), arrange for them to attend or provide a written report in advance.

The judge delivers a decision — either on the day or in writing afterward — and can award damages, costs, and pre-judgment interest.

Step 5 — Enforcing the Judgment

Winning in court does not automatically put money in your pocket. If the defendant does not pay voluntarily, you must enforce the judgment. Ontario's enforcement tools include:

• Examination of the debtor — you can compel the debtor to come to court and answer questions about their assets and income under oath.
• Garnishment — directing a third party (an employer or bank) to pay amounts owed to the debtor directly to you instead.
• Writ of seizure and sale — filing a writ with the Sheriff to seize and sell the debtor's personal property or land (for land, the writ must be filed with the appropriate land registry office).

Enforcement takes time and effort, particularly against debtors who move money around or are judgment-proof (have no collectible assets). This is one reason a lawyer or paralegal can add real value — they know which enforcement tools to deploy and in what order.

Self-Representation: Realistic Expectations

Many people represent themselves successfully in Small Claims Court. The court staff can explain procedures (though they cannot give legal advice). The Ontario government publishes guides and forms on the court's website.

That said, even a "simple" claim can get complicated when the other side hires a lawyer or paralegal, files a defendant's claim, or raises procedural objections. A flat-fee legal consultation before you file can help you assess the strength of your claim, calculate damages correctly, and avoid missteps that delay or sink your case.

Frequently asked questions