Small Claims Court Process Ontario

How a Small Claims Court case works from filing through judgment, including what to expect at each stage

Claims Up to $50,000 Settlement Conference Updated for 2026

Understanding the Small Claims Court Process

Small Claims Court handles civil disputes involving money or property worth up to fifty thousand dollars. The court is designed to be more accessible than Superior Court, with simplified procedures that allow individuals and small businesses to resolve disputes without the complexity and expense of higher courts. Cases typically involve unpaid debts, contract disputes, property damage, faulty services, or return of personal property.

While the process is simpler than Superior Court, it still follows specific rules and procedures. Understanding how cases proceed from filing through judgment helps you navigate each stage effectively and avoid mistakes that can hurt your case. This guide explains what happens at each step, realistic timelines to expect, and how to prepare for the key moments that determine outcomes. For step-by-step form completion instructions, see the Small Claims Court forms hub.

Stage 1: Starting Your Claim

A Small Claims Court case begins when the plaintiff files a Plaintiff’s Claim with the court. This document identifies the parties, explains what happened, and states what remedy you are seeking.

Filing the Plaintiff’s Claim

You start by completing a Form 7A Plaintiff’s Claim that identifies who you are suing, describes the facts of your dispute, and states the amount you are claiming. File the claim at the Small Claims Court office in the territorial division where the defendant lives or carries on business, or where the cause of action arose. Pay the filing fee, which varies based on whether you file online or in person.

Serving the Defendant

After filing, you must serve the defendant with a copy of your claim. Service must follow specific rules: personal service means handing the documents directly to the defendant or an authorized person. Alternatives include registered mail, courier, or leaving documents at the defendant’s residence with an adult. You cannot serve documents yourself if you are a party to the case. After service, file a completed Affidavit of Service proving how and when you served the defendant.

What to Include in Your Claim

Your claim must clearly state the material facts that support your case. Explain what agreement or obligation existed, how the defendant breached it or caused harm, and what damages resulted. Include dates, amounts, and specific details. Attach copies of relevant documents like contracts, invoices, or correspondence. Vague claims without supporting facts are harder to prove at trial.

Choosing the Right Amount

Small Claims Court handles claims up to fifty thousand dollars excluding interest and costs. If your actual damages exceed this limit, you can either abandon the excess to stay in Small Claims Court or sue in Superior Court where procedures are more complex and expensive. Many plaintiffs accept the fifty thousand dollar cap because the simpler process outweighs recovering the full amount through a more difficult proceeding.

Stage 2: The Defence

How defendants respond to claims filed against them

Filing a Defence

The defendant has twenty days after being served to file a Form 9A Defence responding to the claim. The defence should address each allegation in the claim, admitting facts that are true, denying facts that are false, and explaining what actually happened from the defendant’s perspective. Simply denying everything without explanation is weak strategy. The defence should include the defendant’s version of events with supporting facts.

Defendant’s Claim

If the defendant believes the plaintiff actually owes them money, they can file a Defendant’s Claim along with their defence. This allows the defendant to pursue their own remedy in the same proceeding rather than starting a separate lawsuit. Common situations include counterclaims for defective work, breach of contract by the plaintiff, or disputes where both parties believe the other owes money.

What Happens If No Defence Is Filed

If the defendant does not file a defence within twenty days, the plaintiff can request default judgment. This means the court enters judgment in the plaintiff’s favour without a hearing because the defendant failed to respond. Default judgment is not automatic and the plaintiff must request it, but defendants who ignore claims risk losing by default regardless of whether they actually owe the money.

Noting in Default

Before obtaining default judgment, the plaintiff must first have the defendant “noted in default” by filing a request with the court clerk. Once noted in default, the defendant cannot file a defence without the court’s permission. The plaintiff can then request judgment, which may be granted by the clerk for liquidated claims (specific amounts) or may require a hearing before a judge for unliquidated claims (amounts requiring assessment).

Stage 3: Settlement Conference

After a defence is filed, the court schedules a mandatory settlement conference. This is one of the most important stages in Small Claims Court because most cases settle here without ever going to trial.

Purpose of the Settlement Conference

A settlement conference is a meeting with a judge or deputy judge where both parties discuss the case and explore settlement options. The judge reviews each side’s position, identifies strengths and weaknesses in the case, and helps parties understand the likely outcome if the matter goes to trial. The goal is to resolve the dispute without the time and expense of a full trial.

What to Bring

Bring all documents that support your case: contracts, invoices, receipts, photographs, correspondence, and any other evidence you intend to rely on. Also bring a settlement conference brief summarizing your position, the facts, and your proposal for resolution. Being prepared shows the judge you take the matter seriously and helps them understand your case quickly.

How Settlement Conferences Work

The judge meets with both parties, usually together but sometimes separately. Each side explains their position. The judge asks questions, points out weaknesses in arguments, and helps parties see risks they may face at trial. The judge may suggest settlement amounts or terms. Nothing said at the settlement conference can be used at trial, which allows parties to speak candidly about their positions and explore compromise.

Settlement Outcomes

If parties reach agreement, the terms are recorded in a written settlement and the case ends. If no settlement is reached, the judge provides directions for trial preparation including disclosure requirements and timelines. A different judge hears the trial, so the settlement conference judge’s opinions do not prejudice either party at trial. Most cases settle at this stage because parties gain realistic understanding of likely trial outcomes.

Stage 4: Preparing for Trial

What happens between the settlement conference and trial

Document Disclosure

Both parties must disclose all documents they intend to rely on at trial. This typically happens at or after the settlement conference. You cannot surprise the other side with documents at trial that you did not disclose. Organize your documents logically and provide copies to the other party as directed.

Witness Preparation

Identify witnesses who have firsthand knowledge of relevant facts. Confirm they can attend the trial date. Review their testimony with them so they know what questions to expect. If a witness will not attend voluntarily, you may need a summons to compel their attendance.

Organize Your Evidence

Create an organized package of your documents for trial. Arrange evidence in logical order, typically chronological. Prepare three copies of everything: one for yourself, one for the other party, and one for the judge. Label documents clearly so you can find them quickly during testimony.

Prepare Your Presentation

Plan how you will present your case. Know what facts you need to prove and what evidence supports each point. Prepare questions for your witnesses and anticipate what the other side will argue. Practice explaining your case clearly and concisely.

Stage 5: The Trial

If your case does not settle, it proceeds to trial where a judge hears evidence from both sides and makes a decision. Small Claims Court trials are less formal than Superior Court but still follow structured procedures.

Opening Statements

The plaintiff speaks first, briefly explaining what the case is about and what they intend to prove. The defendant then gives their opening statement outlining their position. Keep opening statements short and focused on the key issues. This is not the time to argue your case or present evidence, just to give the judge a roadmap of what to expect.

Plaintiff’s Evidence

The plaintiff presents their case first. This includes testifying about what happened, presenting documents into evidence, and calling any witnesses. After the plaintiff or their witnesses testify, the defendant can cross-examine by asking questions. The judge may also ask questions throughout. Present evidence in logical order and explain how each piece supports your claim.

Defendant’s Evidence

After the plaintiff finishes, the defendant presents their case. The defendant testifies about their version of events, presents their documents, and calls their witnesses. The plaintiff can cross-examine the defendant and their witnesses. The same rules about evidence and testimony apply to both sides.

Closing Submissions

After all evidence is presented, each party makes closing submissions summarizing their position and explaining why the evidence supports a decision in their favour. The defendant goes first, then the plaintiff. This is your opportunity to tie together the evidence and make your strongest argument. Focus on what the evidence actually proved, not what you wish you had proven.

The Decision

The judge may give a decision immediately after closing submissions or reserve judgment and mail a written decision later. Decisions include findings of fact (what the judge believes happened), application of law to those facts, and the resulting order. If you win, the order specifies what the defendant must pay. If you lose, the order dismisses your claim and may award costs to the defendant.

Stage 6: After Judgment

What happens after the court makes its decision

If You Win

A judgment in your favour gives you the legal right to collect the amount ordered. However, the court does not collect for you. If the defendant does not pay voluntarily, you must take enforcement steps. Common enforcement methods include garnishing wages or bank accounts, filing writs against property, or conducting a judgment debtor examination to discover the defendant’s assets.

If You Lose

You may be ordered to pay the other party’s costs, which in Small Claims Court are limited by rules but can still amount to several hundred dollars. Consider whether an appeal is appropriate. Appeals from Small Claims Court go to Divisional Court and are limited to questions of law, not disagreements with how the judge assessed the facts. The deadline to appeal is thirty days from the judgment.

Collecting Your Judgment

If the defendant does not pay voluntarily, enforcement becomes necessary. Garnishment allows you to seize money from the debtor’s wages or bank accounts. Writs of seizure allow the Sheriff to seize and sell personal property. Examination of the debtor under oath reveals their income, assets, and ability to pay. Each enforcement method has its own procedures and costs. See the Small Claims Court forms hub for enforcement-related forms.

Payment Plans

If the debtor cannot pay the full amount immediately, they may propose a payment plan. The court can order payment in installments if the debtor demonstrates inability to pay the lump sum. Payment plans require the debtor to make regular payments over time. If they default on the payment plan, you can pursue other enforcement methods for the remaining balance.

Realistic Timelines

Small Claims Court cases take time. Understanding realistic timelines helps you plan and prevents frustration when the process moves slower than expected.

→ Filing to Service

One to two weeks to prepare and file your claim, then additional time to arrange service on the defendant. If the defendant is difficult to locate or avoids service, this stage can take longer.

→ Defence Period

Twenty days for the defendant to file a defence after being served. If they request more time or if you need to note them in default, add additional weeks.

→ Settlement Conference

In Toronto, expect three to five months from filing a defence to the settlement conference date. Other court locations may be faster or slower depending on volume.

→ Trial

If the case does not settle, trial is typically scheduled six to twelve months after the settlement conference. Complex cases or courts with backlogs may take longer.

→ Total Timeline

From filing to trial completion, expect twelve to eighteen months in Toronto for contested cases. Many cases settle at the settlement conference, ending the matter in six to nine months.

→ Enforcement

If you win but the defendant does not pay, enforcement adds additional time. Garnishment takes weeks to process. Collecting from someone who lacks assets or income may take months or years, or may prove impossible.

Common Questions About Small Claims Court

How much does it cost to sue in Small Claims Court?

Filing fees depend on the amount of your claim and whether you file electronically or in person. For claims over twenty-five hundred dollars, the filing fee is currently around one hundred and two dollars for infrequent claimants filing online. Additional fees apply for requesting a settlement conference, setting the matter down for trial, and enforcement steps. If you win, you can often recover some of these costs from the defendant as part of your judgment.

Do I need a paralegal or lawyer?

Small Claims Court is designed to be accessible to self-represented parties, and many people successfully handle straightforward cases themselves. However, professional representation improves outcomes in complex cases, matters with significant amounts at stake, or situations where the other side has representation. Licensed paralegals can represent you in Small Claims Court at lower cost than lawyers. Consider the value of what you are claiming against the cost of representation.

What if I win but the defendant cannot pay?

A judgment gives you the legal right to collect, but if the defendant has no income, assets, or wages to garnish, collection may be difficult or impossible. Before suing, consider whether the defendant will be able to pay if you win. Judgments remain valid for twenty years and can be renewed, so even if collection is not possible immediately, the defendant’s circumstances may change. However, spending time and money on a lawsuit against someone who cannot pay may not be worthwhile.

Can I claim more than fifty thousand dollars?

Small Claims Court’s jurisdiction is limited to fifty thousand dollars excluding interest and costs. If your claim exceeds this amount, you have two options: abandon the excess and sue for fifty thousand in Small Claims Court, or sue for the full amount in Superior Court where procedures are more complex and expensive. Many plaintiffs choose to cap their claim because the simpler Small Claims process is worth accepting less than full recovery.

What happens if the defendant does not show up to trial?

If the defendant was properly served with notice of the trial date and does not appear, the trial may proceed without them. You still need to present your evidence and prove your case, but without the defendant there to challenge your evidence or present their own, proving your claim is typically easier. The judge decides based on the evidence presented whether you have met the burden of proof for the amount you are claiming.

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