Ontario Small Claims Court Guide 2026: Filing, Fees, And Legal Procedures

The Ontario Small Claims Court, a branch of the Superior Court of Justice, provides an accessible, cost-effective forum for resolving civil disputes involving money or personal property. Operating under the Rules of the Small Claims Court (O. Reg. 258/98), this court is designed to handle less complex civil matters efficiently. However, navigating its procedural requirements, strict timelines, and evidentiary rules requires meticulous preparation to avoid costly delays or the dismissal of your action.

As of 2026, the court operates heavily through digitized systems, utilizing the Justice Services Online portal for filing, scheduling, and virtual hearings, alongside traditional in-person trials where necessary. This comprehensive guide outlines the operational frameworks, step-by-step procedures, and strategic realities of litigating in the Ontario Small Claims Court.

Understanding the Jurisdictional Limits and Scope of the Court

The Ontario Small Claims Court has strict statutory limits on what types of claims it can hear, how much money can be claimed, and what remedies can be granted.

The Monetary Limit

The maximum monetary jurisdiction of the Ontario Small Claims Court is $35,000 CAD, exclusive of interest and court costs. If your claim is valued slightly above this threshold (e.g., $38,000), you have two distinct choices:

• Waive the Excess: You can choose to waive the amount over $35,000 to bring your case within the jurisdiction of the Small Claims Court. You cannot later sue for the waived balance.
• File in Superior Court: You can pursue the full amount in the Superior Court of Justice. This typically involves the Simplified Procedure (Rule 76) or ordinary procedure, which are significantly more formal, expensive, and require adhering to strict cost-consequence rules.

Permissible Claims

The court can only adjudicate claims for the recovery of money or the recovery of personal property. Common actions brought before the court include:

• Breach of Contract: Unpaid invoices, failure to deliver goods, or incomplete renovation work.
• Debt Recovery: Unpaid loans, default on credit agreements, or NSF cheques.
• Property Damage: Negligent damage to vehicles, real estate, or personal belongings (excluding motor vehicle accident personal injury claims, which are typically handled through insurance statutory accident benefits and Superior Court actions).
• Wrongful Dismissal: Claims by former employees for notice or pay in lieu of notice, up to the $35,000 limit.

Excluded Claims

The Small Claims Court does not have the jurisdiction to grant equitable remedies (such as injunctions or declarations of ownership over real property), nor can it hear cases involving:

• Slander, libel, and defamation.
• Matrimonial or family law disputes (child custody, divorce, division of matrimonial assets).
• Wills, estates, and trusts disputes.
• Disputes between landlords and residential tenants (which must go through the Landlord and Tenant Board of Ontario).

Litigation Forum Comparison: Small Claims vs. Superior Court

Choosing the correct forum directly impacts your litigation costs, the complexity of procedures, and your exposure to adverse cost awards if you lose.

Step-by-Step Guide to Filing and Serving a Claim

Successful litigation in the Small Claims Court relies on strict adherence to procedural timelines and rules of service. Failing to serve documents correctly can result in your claim being set aside or delayed indefinitely.

Step 1: Drafting the Plaintiff's Claim (Form 7A)

Your lawsuit begins with the Plaintiff's Claim (Form 7A). This document must clearly state the facts that support your claim, the names and addresses of all parties, and the exact amount of money or property you are seeking.

Drafting Best Practices for Pleadings

State only material facts, not legal arguments or emotional grievances. Explain the relationship between the parties, the agreement or duty that was breached, when the breach occurred, and the exact calculation of damages.

Attach all essential supporting evidence directly to the claim as numbered exhibits. This includes contracts, invoices, demand letters, written estimates, and photographs. Under the Rules, if your claim is based on a written document, that document must be attached unless it is unavailable, in which case you must state the reason why.

Step 2: Filing the Claim and Paying Court Fees

You must file your claim at the court office with territorial jurisdiction (usually where the cause of action arose or where the defendant resides or carries on business). In 2026, the vast majority of filings are completed online via the Ontario Justice Services Online portal.

The filing fees are structured based on whether you are an "infrequent claimant" (fewer than 10 claims filed in a calendar year at that court office) or a "frequent claimant."

• Infrequent Claimant Filing Fee: $108 CAD
• Frequent Claimant Filing Fee: $228 CAD

Step 3: Serving the Plaintiff's Claim on the Defendant

Once the court issues your claim, you have exactly six months to serve it on all defendants. Service must be performed in accordance with Rule 8 of the Rules of the Small Claims Court.

• Individual Defendants: Must be served personally, or by leaving a copy of the claim at their place of residence with an adult member of the household, followed by mailing a copy to that same address on the same day or the next.
• Corporate Defendants: Can be served by leaving a copy of the claim with an officer, director, or person in charge of any office or place of business of the corporation, or by mailing it to the registered office.
• Alternative Service: If you cannot locate the defendant, you may bring an ex parte motion (a motion without notice) to request an order for sub-service (e.g., serving via email, social media, or posting on a physical property).

After serving the claim, the person who served it must complete an Affidavit of Service (Form 8A), sign it in front of a Commissioner for Taking Affidavits, and file it with the court.

Step 4: The Defence (Form 9A)

Once served with the Plaintiff's Claim, the defendant has exactly 20 calendar days to respond. They do this by filing a Defence (Form 9A) along with any supporting documents (contracts, emails, photos).

If the defendant believes they are owed money by the plaintiff, they can file a Defendant's Claim (Form 10A) within the same 20-day window. If the defendant fails to file a Defence within 20 days, the plaintiff can file a request to note the defendant in default, clearing the path to seek a Default Judgment.

Navigating the Mandatory Settlement Conference

Before any case can proceed to a trial in Ontario Small Claims Court, the parties must attend a mandatory Settlement Conference. This is a private, informal meeting conducted by a Deputy Judge.

The primary purposes of the Settlement Conference are to:

1. Explore Settlement: Determine if the parties can reach an amicable compromise without the time and expense of a trial.
2. Narrow the Issues: Identify which facts are agreed upon and which remain in dispute.
3. Ensure Trial Readiness: Establish timelines for the exchange of remaining documents and verify that all necessary witnesses will be available.

Preparing for the Settlement Conference

At least 14 days prior to the Settlement Conference, both the plaintiff and the defendant must file a List of Proposed Witnesses (Form 13A) and serve it on the opposing party, along with a copy of any new documents they intend to rely on at trial that were not attached to their original pleadings.

During the conference, the Deputy Judge will express their candid, non-binding opinion on the strengths and weaknesses of each party's case. Because the Settlement Conference is confidential, anything said or offered during this meeting cannot be used as evidence at the subsequent trial. If a settlement is reached, the terms are written down in a binding Terms of Settlement or Consent Order. If no settlement is reached, the judge will order the matter to proceed to trial.

The Trial and Evidentiary Standards

A Small Claims Court trial is a formal judicial proceeding, although the rules of evidence are slightly relaxed compared to the Superior Court of Justice. Under Section 27 of the Courts of Justice Act, a judge may admit any oral testimony or document as evidence, even if it would be inadmissible under the strict rules of evidence in other courts, provided it is relevant and reliable.

Key Evidentiary Requirements

• Witness Testimony: Do not rely solely on written statements from third parties. If a witness has crucial information, they should attend the trial to give oral evidence under oath and face cross-examination.
• Expert Evidence: If you require expert opinion evidence (such as an automotive engineer's assessment or a structural engineer's report), you must serve the expert's report on the opposing party at least 30 days before the trial.
• Damages Quantification: You must prove your damages with precision. The court will not award compensation based on rough estimates. Present paid invoices, formal quotes, bank statements, and accounting records to substantiate every dollar claimed.

Cost Awards and Legal Fees

While self-represented litigants can recover their disbursements (such as court filing fees, search fees, and process server costs), the recovery of legal representation fees (lawyer or paralegal) is strictly regulated.

Under the Rules, representation fees awarded to a successful party are generally capped at 15% of the value of the claim, unless the court finds that the opposing party acted in bad faith, or if an formal Offer to Settle (Form 14A) was served under specific conditions and rejected, triggering double costs.

Enforcing Your Judgment in Ontario

Winning a lawsuit and obtaining a court judgment is only the first step. The court does not collect the money on your behalf. If the debtor refuses to pay the judgment voluntarily, you must initiate enforcement proceedings.

Enforcement Methods in Ontario: 1. Notice of Examination -> Assess debtor's assets, employment, and bank accounts under oath. 2. Notice of Garnishment -> Direct seizure of wages (up to 20%) or bank account balances. 3. Writ of Seizure and Sale -> Sherriff seizes and sells debtor's personal property or land.

1. Examination of the Debtor

If you do not know where the debtor works, holds bank accounts, or owns assets, you can file a Notice of Examination (Form 20H). This legally compels the debtor to appear before a hearing to answer questions under oath regarding their financial status, income, assets, and liabilities. They must bring supporting financial documents, including tax returns and bank statements.

2. Garnishment (Form 20E)

Garnishment is highly effective if you know the debtor’s place of employment or where they bank. You serve a Notice of Garnishment on the employer (the garnishee) or the bank. The garnishee is legally required to redirect a portion of the debtor's wages (generally capped at 20% in Ontario to avoid undue hardship) or the funds in their bank account directly to the court, which then distributes the funds to you.

3. Writ of Seizure and Sale (Form 20C)

If the debtor owns real estate (such as a home or commercial land) or valuable personal property (such as vehicles or machinery) in Ontario, you can file a Writ of Seizure and Sale of Land or a Writ of Seizure and Sale of Personal Property.

The Writ is filed with the Sheriff in the county or region where the property is located. Once filed, it acts as a charge or lien against the debtor's real estate, preventing them from selling or refinancing the property without satisfying your debt.

Frequently Asked Questions

Can I sue for more than $35,000 in Ontario Small Claims Court?

No, the absolute jurisdictional limit of the court is $35,000, excluding interest and costs. If your claim is worth more, you must either waive the excess amount to keep the case in Small Claims Court, or file a lawsuit in the Superior Court of Justice.

Waiving the excess means you permanently forfeit the right to recover any amount over $35,000. For example, on a $42,000 debt, you can claim $35,000 in Small Claims Court and abandon the remaining $7,000. This is often done to avoid the complex procedures and high legal fees associated with Superior Court actions.

How long do I have to start a lawsuit in Ontario?

Under the Ontario Limitations Act, 2002, the basic limitation period is two years from the date the claim was discovered. This means you must file your lawsuit within two years of the day you first knew, or reasonably ought to have known, that injury, loss, or damage occurred and that you had the right to sue.

There are limited exceptions to this rule (such as if the plaintiff is a minor or lacks mental capacity), but failing to file within the two-year window almost always results in your claim being permanently barred if the defendant raises a limitations defense.

What happens if the defendant ignores the lawsuit?

If the defendant does not file a Defence (Form 9A) within 20 calendar days of being served, you can request that the court clerk "note the defendant in default." Once noted in default, the defendant is barred from filing a defence or participating in any subsequent steps without obtaining a court order to set aside the default.

After noting the defendant in default, you can file a motion for Default Judgment. If your claim is for a liquidated amount (a precise debt or fixed sum of money), the clerk can sign the judgment. If the claim is for unliquidated damages (such as repair costs or property damage where the value must be assessed), you will have to attend an Assessment of Damages hearing before a judge to prove the value of your loss.

Can I recover my legal and paralegal fees?

While you can recover your out-of-pocket disbursements (court filing fees, service fees, witness travel expenses) if you win, recovery of representation fees is legally restricted.

Under the Rules of the Small Claims Court, representation fees awarded to a successful party are capped at 15% of the amount claimed, unless the court determines that the unsuccessful party acted in a vexatious or bad-faith manner, or if a formal Offer to Settle was ignored, bringing double-cost provisions into play.

How do I serve legal documents online in 2026?

In 2026, the Ontario Ministry of the Attorney General utilizes the Justice Services Online (JSO) portal for the electronic submission of claims, defences, motions, and evidence.

While you can file documents with the court electronically, you must still serve the defendant in compliance with Rule 8. Under the rules, email service is acceptable if the recipient consents in writing to service by email, or if the court grants an order for sub-service permitting electronic service.