Superior Court vs. Small Claims Court in Ontario: Where to Sue

Before you file a civil claim in Ontario, you need to answer a fundamental question: which court? Superior Court vs. Small Claims Court in Ontario is not just a procedural detail — it affects how much you can claim, how the proceeding is run, what it will cost, and whether you need a lawyer.

This guide walks through the key differences, explains the "simplified procedure" tier that sits between the two, and helps you think through which forum makes sense for your situation.

Ontario's Civil Court Structure

Ontario has two main venues for civil claims:

• Small Claims Court — a division of the Superior Court of Justice, designed to be accessible to people without legal training, handling smaller monetary disputes.
• Ontario Superior Court of Justice — the main trial court for larger and more complex civil matters, operating under a detailed set of procedural rules.

Within the Superior Court, claims up to a set monetary threshold are governed by a procedurally simplified track called the Simplified Procedure. Above that threshold, full-blown "ordinary procedure" applies.

Small Claims Court: Accessible and Affordable

The Monetary Limit

As of writing, Small Claims Court in Ontario handles claims up to $35,000 (exclusive of interest and costs). This figure is set by regulation and has been raised over time — verify the current limit with a lawyer or on the Attorney General's website before you file, as it may be updated.

If your claim is worth more than $35,000, you can still choose to file in Small Claims Court, but you permanently cap your recovery at the monetary limit. You cannot later return to get the rest in a higher court.

Designed for Self-Representation

Small Claims Court is deliberately designed to be navigable without a lawyer. The process is less formal:

• Pleadings are shorter and more straightforward.
• The rules of evidence are relaxed.
• Judges take a more active role in questioning parties and guiding the process.
• Discovery (the pre-trial exchange of evidence) is limited.

This makes Small Claims Court genuinely accessible — many parties represent themselves effectively. That said, having a lawyer or paralegal (paralegals are licensed to appear in Small Claims Court) on your side can still make a significant difference, especially if the other party is represented.

Cost and Fees

Filing fees in Small Claims Court are modest compared to Superior Court. More importantly, cost awards (the amount you can recover from the other side if you win) are limited by the Rules of the Small Claims Court — typically a percentage of the amount claimed, not a full reimbursement of your actual legal costs. This keeps proceedings economical but means that even winning does not always fully offset what you spent on legal help.

Limitations

Small Claims Court does not handle:

• Claims above the monetary limit (unless you voluntarily cap your claim)
• Injunctions (court orders requiring someone to do or stop doing something)
• Equitable remedies (such as specific performance of a contract)
• Most family law matters
• Claims for non-monetary relief

Ontario Superior Court of Justice: Full Powers, Full Process

No Monetary Ceiling

The Superior Court has no monetary cap on civil claims. It is the right venue for large commercial disputes, complex torts, wrongful dismissal cases with high damages, and any claim seeking non-monetary relief such as an injunction.

Two Tracks: Simplified Procedure and Ordinary Procedure

The Rules of Civil Procedure divide Superior Court matters into two tracks based on the amount claimed:

#### Simplified Procedure

As of writing, claims of $200,000 or less (exclusive of interest and costs) are governed by the Simplified Procedure (Rule 76 of the Rules of Civil Procedure). Key features:

• Oral discovery (examination for discovery) is time-limited to three hours per party.
• Trials are capped at five days.
• Affidavit evidence is used more widely.
• The process is faster and less expensive than full ordinary procedure — though still significantly more involved than Small Claims Court.

Simplified Procedure was substantially reformed in recent years to make it more efficient. Verify current thresholds and rules with a lawyer, as the rules have been amended and may continue to evolve.

#### Ordinary Procedure

Claims above the Simplified Procedure threshold — or claims of any size that warrant it (such as complex class actions, major commercial disputes, or trials expected to run longer than five days) — follow the full ordinary procedure. This includes:

• Detailed pleadings (Statement of Claim, Statement of Defence, Counterclaim, etc.)
• Full documentary discovery (production and inspection of documents)
• Oral examinations for discovery with no fixed time cap
• Potentially extensive pre-trial motions
• Multi-day or multi-week trials

Ordinary procedure provides the full machinery of civil litigation — including a complete record, full cost recovery for the winning party, and a right of appeal to the Court of Appeal for Ontario.

Cost Consequences: An Important Difference

One of the most significant practical differences between the courts is how costs are awarded:

• Small Claims Court — cost recovery is limited, regardless of how much you spent on a lawyer.
• Superior Court — the winning party is generally entitled to "partial indemnity" costs (roughly 50-60% of reasonable legal fees, as a rule of thumb) or, in exceptional cases, "substantial indemnity" costs. In large matters, this can represent a significant recovery — or a significant liability if you lose.

This means the cost risk in Superior Court proceedings is real and cuts both ways. A meritorious claim still needs to be economically viable: if your damages are only modestly above the Small Claims limit, the additional cost and risk of Superior Court may not justify the higher potential award.

Which Court Should You Choose?

There is no single right answer, but here is a practical framework:

One strategic consideration: if your claim is, say, $40,000, you might voluntarily cap it at $35,000 and file in Small Claims Court to avoid the higher costs and complexity of Superior Court. Whether that trade-off makes sense depends on the nature of your claim and the other side's likely behaviour. A lawyer can help you run the numbers.

Paralegals vs. Lawyers

In Ontario, both lawyers and licensed paralegals can represent parties in Small Claims Court. In the Superior Court, only lawyers (and articling students under supervision) can appear as of right.

If your dispute is within the Small Claims limit, a paralegal may provide excellent, cost-effective representation. For Superior Court matters — and for anything involving complex legal questions regardless of amount — a lawyer is the appropriate choice.

Frequently asked questions