What is Small Claims Court in Ontario?
Ontario's Small Claims Court is a division of the Ontario Superior Court of Justice, governed by the Courts of Justice Act and the Rules of the Small Claims Court. It is designed to resolve money claims up to $35,000 in a simplified, accessible way.
Monetary limit
$35,000
Filing fee
$102–$204 depending on claim amount
Representation
Self, lawyer, or paralegal
Limitation period
2 years (Limitations Act, 2002)
Cost recovery
Up to 15% of the claim
Appeals
Divisional Court on questions of law
Small Claims Court can award money only — not specific performance or injunctions. If you want the court to order someone to do something (other than pay), you need Superior Court.
Step-by-step: the Ontario Small Claims Court process
Check the limitation period
Confirm your claim is within the two-year limitation period under the Limitations Act, 2002. If your claim has expired, you cannot file. The date the claim was "discovered" starts the clock — when you knew or ought to have known about the claim.
File the Plaintiff's Claim (Form 7A)
Complete Form 7A describing what happened, why the defendant owes you money, and the amount claimed. File at the Small Claims Court office in the region where the defendant lives or where the event occurred. Pay the filing fee. The court assigns a claim number.
Serve the defendant
You must serve the defendant with the claim personally or by an approved method within 6 months of filing. Individuals: personal service or at their home with an adult. Corporations: at the registered office or by registered mail. Keep an Affidavit of Service. Improper service is the most common procedural error.
Defence and counterclaim
The defendant has 20 days (within Ontario) to file a Defence. If they do not file a defence, you can request default judgment. If they file a Defence and Defendant's Claim (counterclaim), you must respond to any claim against you.
Settlement conference
A judge or deputy judge meets with both parties (usually within 90 days of the Defence being filed) to identify issues, encourage settlement, and plan the hearing. Most Small Claims cases settle at or before the settlement conference.
Trial
If the case does not settle, it proceeds to a hearing (trial). Each party presents their evidence, calls witnesses, and makes submissions. Rules of evidence are relaxed compared to Superior Court but hearsay is still generally excluded.
Judgment and enforcement
The judge issues a judgment — often at the end of the hearing, sometimes reserved. If you win, you still have to collect. The court does not collect for you. Collection options: garnishment of wages, garnishment of bank accounts, writ of seizure, examination of debtor.
Collecting on a Small Claims judgment in Ontario
Winning a judgment does not mean you have the money. Collection requires additional steps:
Examination of debtor
Summons the defendant to court to disclose their assets, income, and employment. Required before most other enforcement steps.
Garnishment of wages
Court order directing the employer to withhold 20% of net wages and pay it to you. Effective if the debtor is employed.
Bank garnishment
If you know the debtor's bank and branch, a Notice of Garnishment is served on the bank requiring them to pay funds from the account.
Writ of seizure and sale
Filed with the Sheriff's office. Attaches to any real property the debtor owns in the county. The property cannot be sold until the judgment is satisfied.
For Ontario civil litigation lawyers: managing Small Claims files
Atticus supports civil litigation lawyers with Small Claims file management:
- Limitation period calculator — two-year clock from discovery date, calculated instantly
- Civil Litigation matter template — action item checklist from claim through judgment
- Document AI — extract claim amounts, parties, and dates from filed documents
- Daily briefing — settlement conference dates, hearing dates, deadline to serve appear in your morning email
- AI Draft — Plaintiff's Claim narrative, demand letters, settlement proposals
Practice management for Ontario civil litigation
Atticus tracks limitation periods, hearing dates, and deadlines automatically for Ontario civil litigation lawyers. Try free for 14 days.