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 main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any.  There are various rules regarding the extent of information that is required.  The prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Although people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.