Imagine this: You run a small landscaping business in Ottawa and just completed a $6,000 job. The client loved the work but never paid. Weeks go by. Calls are ignored. Now you’re wondering: Should I take legal action?
If you’re thinking about recovering money or property through the Ontario small claims court, it’s important to understand the process, timelines, and rules — before you file. Whether you’re an individual or a small business owner, knowing how small claims work could save you time, money, and stress.
This guide explains what you need to know before suing for damages or unpaid debts in Ontario.
What Is Small Claims Court in Ontario?
The Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes involving claims of up to $35,000 (not including interest and legal costs).
Reference: Ontario Ministry of the Attorney General – Small Claims Court Overview
It’s designed to be faster and more accessible than higher courts, making it ideal for:
- Individuals recovering unpaid debts
- Contractors and small businesses chasing invoices
- Landlords resolving property damage claims
Types of Cases You Can Bring to Small Claims Court
The Ontario small claims court deals with straightforward disputes involving money or property. Common examples include:
- Unpaid invoices or loans
- Breach of contract
- Property damage
- Unreturned security deposits
- Faulty services or goods
- Damage from car accidents (not involving serious injury)
Tip: If your claim exceeds $35,000, you must go to the Superior Court of Justice, or reduce your claim to fit the small claims limit.
The Role of a Small Claims Lawyer
Do You Need a Lawyer?
You are not required to hire a lawyer in small claims court, but it can be a smart investment — especially if:
- The dispute involves complex contracts or legal issues
- The opposing party has legal representation
- You’re unsure how to present evidence or draft legal documents
Benefits of Hiring a Small Claims Lawyer in Ontario:
- Ensure your documents are filed properly and on time
- Avoid technical errors that could get your claim dismissed
- Strengthen your case through strategic legal advice
- Maximize your chances of success or favourable settlement
In Ottawa? Our firm helps individuals and businesses navigate the small claims process efficiently and affordably. Learn more about our Civil Litigation Services
How to File a Claim in Ontario Small Claims Court
Here is a simplified step-by-step of how to begin:
Step 1: Prepare Your Claim
- Gather relevant evidence (contracts, invoices, emails, etc.)
- Calculate the total amount you’re claiming, including interest
Step 2: Complete the Plaintiff’s Claim (Form 7A)
- Available on the Ontario Courts website or at the courthouse
Step 3: File the Claim
- File online through the Small Claims Court E-Filing Service or in person
- Pay the filing fee (starting at $108)
Step 4: Serve the Defendant
- Serve the claim on the other party using approved methods (e.g., personal service, mail)
- Complete and file an Affidavit of Service
Step 5: Attend Settlement Conference or Hearing
- The court may schedule a settlement conference first
- If no resolution is reached, the case proceeds to trial
Time Limits & Deadlines (Statute of Limitations)
In Ontario, most small claims actions must be filed within 2 years of when the dispute arose (as per the Limitations Act, 2002).
However:
- For contract disputes, the 2-year clock typically starts when the breach occurred
- For damage claims, it starts when you discovered the damage
Missing the deadline means you may lose your right to sue — consult a lawyer if unsure.
Common Mistakes to Avoid in Small Claims Court
Many claims fail because of simple but avoidable errors. Watch out for:
- Filing in the wrong jurisdiction (location matters!)
- Submitting incomplete evidence or poor documentation
- Missing deadlines or failing to serve documents properly
- Overestimating the value of your claim beyond what you can prove
- Not preparing for trial (e.g., lack of witness prep or legal argument)
Legal Dispute Resolution Alternatives
Before filing, you might want to try:
Mediation
- A neutral third party helps both sides negotiate a resolution
- Can be faster, cheaper, and less stressful than court
Demand Letters or Settlement Offers
- A strongly worded legal letter may resolve the issue without court involvement
Our firm offers pre-litigation services to help resolve disputes without filing.
Costs & Fees in Ontario Small Claims Court
Here’s a breakdown of possible costs:
- Filing a Claim: $108 (online) or $102 (in-person)
- Serving Documents: $30–$100 (depending on method)
- Additional Motions or Trials: Additional fees may apply
- Lawyer or Paralegal Fees: Vary based on complexity and duration
Note: If you win, the judge may award some of your legal costs back — but rarely the full amount.
Tips to Strengthen Your Case
A well-prepared claim makes a big difference. Here’s how to set yourself up for success:
- Organize your evidence clearly and chronologically
- Include written agreements (even emails or texts help)
- Get witness statements in writing, signed and dated
- Know the law related to your case (a lawyer can help)
- Stay professional in court — attitude matters
Download our free checklist: 7-Step Small Claims Court Preparation Guide – PDF
Why Choose Our Firm for Your Small Claims Case?
At J. Solomon Law, we understand that even small claims can have a big impact. With extensive experience in legal dispute resolution and small claims court in Ottawa, we help:
- Business owners recover unpaid invoices
- Individuals resolve contract and property disputes
- Landlords seek compensation for damage or unpaid rent
We take a practical, cost-effective approach to every case.
“J. Solomon helped me recover $9,800 from a client who ghosted me after months of unpaid invoices. The process was smooth, efficient, and stress-free.” – Local Ottawa Business Owner
Call to Action
Considering filing in small claims court? Don’t go in unprepared.
Contact us today to speak with an experienced small claims lawyer in Ottawa. We’ll assess your case, explain your options, and help you take the right next steps.
- Contact us – Book a Consulation
- Call: (613) 627-2100
FAQ
Q1: How much can I sue for in Ontario small claims court?
You can sue for up to $35,000, not including interest or legal costs.
Q2: Do I need a lawyer for small claims court in Ontario?
No, but hiring one can improve your chances of success, especially for complex cases.
Q3: What’s the deadline to file a small claims case in Ontario?
You typically have 2 years from the date the issue arose to file your claim.
Q4: Can I file a small claim online in Ontario?
Yes. You can file through the Small Claims Court E-Filing Service available on the Ontario government website.
Q5: What are common small claims cases in Ontario?
Unpaid invoices, contract breaches, property damage, and faulty services are common.
Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a licensed small claims lawyer in Ontario.