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Small Claims Court — Ontario

How simplified courts work, what they are good for, and how to prepare a claim or a defence without a lawyer.

3 min read · Updated July 21, 2026 · Concaso Editorial

Sections marked as location-specific are showing the position in Ontario. Rules change — confirm current deadlines before relying on them.

What a small claims process is for

Most jurisdictions run a simplified court or tribunal for lower-value disputes. The rules are lighter, the forms are designed for self-represented people, and hearings are shorter. The trade-off is a monetary limit and less scope for complex procedure.

  • Unpaid invoices and loans
  • Consumer disputes over goods or services
  • Property damage
  • Deposits withheld
  • Small contract disputes

The usual sequence

  1. Before filing

    Send a written demand. Many courts expect it, and some disputes end there.

  2. Filing

    Complete the claim form, state the amount and why it is owed, and pay the fee.

  3. Service

    Deliver the claim to the other side in the way the rules require, and prove it.

  4. Response

    The other side files a defence, and may file a claim back against you.

  5. Settlement stage

    Many systems require a mediation or settlement conference before a hearing.

  6. Hearing

    Each side presents documents and evidence, briefly and in order.

  7. After judgment

    A judgment is not payment. Enforcement is a separate step.

Preparing your material

Small claims hearings reward organisation more than eloquence. Adjudicators typically have limited time, so a short, chronological bundle with the key documents tabbed is worth more than a long narrative.

A workable preparation checklist

  • A one-page chronology with dates
  • The documents that prove the agreement
  • The documents that prove the loss and its amount
  • Photographs, where relevant, dated if possible
  • Copies for the adjudicator and for the other side
  • A short list of the three points you most want understood

Costs and what a win is worth

Small claims systems usually limit what a successful party can recover for legal costs, which is part of the design. Filing fees, service costs and time off work are real costs of pursuing a claim, and they belong in the decision.

Enforcement also has a cost. Before filing, it is worth asking whether the other side can pay, and whether you know enough about them to enforce a judgment if you get one.

Small claims in OntarioOntario

Ontario's Small Claims Court is a branch of the Superior Court of Justice and handles claims up to a set monetary limit, with filings made online or at a court location. A settlement conference is normally scheduled before trial. Ontario's general two-year limitation period applies to most claims.

Documents to gather

  • The contract, quote or agreement, if there is one
  • Invoices, receipts and payment records
  • Emails and messages with the other side
  • Photographs of goods, damage or work
  • Repair or replacement quotes
  • Your written demand and any reply
  • The other side's correct legal name and address

Evidence that carries weight

  • A dated chronology tying documents to events
  • Independent quotes supporting the amount claimed
  • Written admissions or partial payments by the other side
  • Photographs taken close in time to the problem
  • Proof of service of the claim

Want both lists in one printable page?

Common mistakes

  • Naming the wrong party, such as a brand name rather than the legal entity
  • Serving the claim incorrectly and losing the hearing date
  • Bringing a long narrative instead of a short, indexed set of documents
  • Claiming a round number that cannot be traced to receipts or quotes
  • Forgetting that a judgment still has to be enforced
  • Missing the limitation period while trying to resolve things informally

Frequently asked

Do I need a lawyer for small claims?

These systems are designed for self-represented people, and some restrict representation. Advice can still help you decide whether to file and how to frame the claim.

What if I win and they still do not pay?

Enforcement is separate: options commonly include garnishment, seizure or registering the judgment. Each has its own process and cost.

Can I claim more than the limit if I split the claim?

Splitting a single claim to get under a limit is generally not allowed. Abandoning the excess is usually the permitted route.

Assess my situation

Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide, in Ontario.

Assess my situation

Assessment topics related to this guide

Bringing a claim

Best match

You want to make a claim.

Defending a claim

A claim has been made against you.

Topics in this guide

small claimscourtprocedurefiling

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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.