Small Claims Court handles claims up to $50,000 excluding interest and costs. If your claim exceeds this, you can either abandon the excess to stay in Small Claims Court (accepting $50,000 as your maximum recovery), or file in Superior Court where procedures are more complex and costs are significantly higher. Many plaintiffs choose to cap their claim at $50,000 because the simpler process and lower costs make it worthwhile even if it means recovering less than the full amount owed.

I offer flat-fee pricing for most Small Claims Court matters so you know your costs upfront. Fees depend on whether you’re a plaintiff or defendant, the complexity of the case, and how far it progresses (many cases settle before trial). I provide a clear quote after the initial consultation once I understand your situation. For matters with significant amounts at stake, professional representation typically costs far less than the difference between a well-handled case and a poorly-handled one.

Most civil claims in Ontario must be filed within two years from when you discovered you had a claim under the Limitations Act. This is typically when you knew or should have known that you suffered a loss caused by someone else’s actions. Some claims have shorter periods—claims against municipalities require notice within 10 days, and some construction-related claims have specialized deadlines. If you’re approaching a potential limitation deadline, get legal advice immediately because once it passes, your claim is permanently barred regardless of how strong it is.

If you’ve been noted in default, you can bring a motion to set aside the default and allow you to file a Defence late. The court has discretion to grant this if you have a reasonable explanation for the delay and an arguable defence on the merits. Acting quickly improves your chances—the longer you wait, the harder it becomes to explain. If default judgment has already been entered, you can still move to set it aside, but the test is more difficult. Contact me immediately if you’re in this situation.

A judgment is a legal right to collect money, but the court doesn’t collect it for you. If the debtor doesn’t pay voluntarily, you must take enforcement steps: garnishing wages or bank accounts, registering liens against property, seizing assets through the Sheriff, or examining the debtor under oath to discover their assets. Each method has costs and limitations. Before pursuing a claim, I assess not just whether you can win, but whether the defendant has the means to pay a judgment—because a judgment against someone with no income, no assets, and no bank account may be worthless despite your legal victory.

Yes, and most cases do settle before trial. Settlement can happen at any stage—sometimes before a Defence is even filed, often at the mandatory settlement conference, or anytime in between. Settlement offers certainty (you know exactly what you’re getting instead of leaving it to a judge), saves costs (trial preparation and attendance are expensive), and lets you negotiate payment terms. Even with a strong case, settling for a reasonable amount you’ll actually receive is often better than winning a judgment you may struggle to collect.

In Toronto, expect twelve to eighteen months from filing to trial if the case doesn’t settle. The settlement conference typically happens three to five months after the Defence is filed, and if no resolution is reached, trial is scheduled six to twelve months after that. Many cases resolve at or before the settlement conference. Timelines vary based on court location, case complexity, and scheduling availability.

Licensed paralegals are authorized by the Law Society of Ontario to provide complete representation in Small Claims Court—the same scope of service as lawyers for these matters. Paralegals who focus on Small Claims Court often have more experience in this specific venue than general practice lawyers, and typically charge significantly less. For claims up to $50,000, there’s no advantage to hiring a lawyer over a qualified paralegal who handles these cases regularly.