How to Take Someone to Small Claims Court in Ontario
Ontario's Small Claims Court is a branch of the Superior Court of Justice. It is a simplified means for the general population to resolve civil disputes involving money or property that does not exceed $25,000. Get ready for a lot of paperwork, photocopying, legal terms and back-and-forth between you and the defendant. Prepare by reading the Ontario Ministry of the Attorney General's guides on the Small Claims Court process. Don't be afraid to contact the Ministry or your nearest court office for advice on your claim.
Other People Are Reading
Instructions
-
-
1
Gather your evidence and speak to individuals who you would like to act as your witnesses. Cases that are simply one person's word against another's are harder to win.
-
2
Fill out a Plaintiff's Claim form (7A), available online from the link in the "Resources" section of this article or at any court office. Make a copy of this form once you complete it.
-
-
3
Assemble all your supporting documents and make two copies--these will be submitted to the court.
-
4
Determine where you will file your claim. You can choose to file in the territorial division where the event occurred or problem arose; in the territorial division where the defendant lives or does business; or the division that is nearest to the place where the defendant lives or does business. If you're not sure in which court you should file your claim, call the court office you think is the right one and the clerk can give you advice.
-
5
File the original and a copy of your claim form and the two copies of your supporting documents in person or by mail at the appropriate court office. It is advantageous to file in person in case there are errors or omissions that can be fixed on the spot. The court clerk will keep the original claim form and one copy of the supporting documents for your file and will stamp your copy of the claim and the second set of supporting documents. If you choose to mail your claim and supporting documents, you must include the fee payment in the package.
-
6
Pay the required fee in Canadian funds to file your claim. Payment can be made by cash, check or money order.
-
7
Serve each defendant with a copy of your stamped claim and supporting documents. Serve the papers yourself; ask a friend, family member or colleague; or use a private process server. You have five months after the date you filed to serve your claim.
-
8
Complete an Affidavit of Service (Form 8A) for each defendant, describing who was served and in what manner.
-
9
Proceed with additional steps in the Small Claims Court process once the defendant has filed his defence with the court and you have received a copy. Further steps will be based on the defense and may include a settlement conference or a terms of payment hearing.
-
1
Tips & Warnings
If you can't afford to pay the required court fees, you can apply for a fee waiver. Forms are available online at the Attorney General's link in the "Resources" section of this article; they can also be picked up in person from any court office.
Many people choose to represent themselves at Small Claims Court, but you can also be represented by a paralegal, law student or lawyer. Check that the person is authorized to represent you under the Law Society Act. Find a paralegal or lawyers through the Law Society of Upper Canada.
You may need to file your claim within a certain period of time after the event or problem occurred. The Ontario Ministry of the Attorney General recommends consulting a lawyer if you are uncertain about time limits that may apply to you.
If your address changes you must notify the court and the defendant(s) in writing within seven days.
References
Resources
- Photo Credit Justice image by MVit from Fotolia.com
