Getting Started in Small Claims Court:

Question: What should I consider before commencing a Small Claims Court proceeding in Ontario, including whether I might face a counterclaim or costs if I lose?

Answer: Before you file a Plaintiff’s Claim (Form 7A) and commence a proceeding in Ontario Small Claims Court under Rule 7 of the Rules of the Small Claims Court, it’s important to plan your pleadings, evidence, and risks such as counterclaims, possible costs if you lose, and complications like third-party claims or naming the wrong party.  Defend-it Legal Services can help you get organized for a clear, defensible claim with paralegal support and practical case-prep steps, and, when relevant, private investigation services such as background searches & fingerprinting agency work that can strengthen what you can prove.  For an Ontario-focused paralegal and investigative intake call, contact (289) 275-3513 to discuss your matter and next steps.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible online.  The primary parts of the form are relatively easy involving simple fill in the blanks information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• What if a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.