Getting Started in Small Claims Court:

Question:How do I start a Small Claims Court case in Ontario and what should I know before filing the Plaintiff’s Claim (Form 7A)?

Answer:To start a Small Claims Court lawsuit in Ontario, you generally prepare and issue the Plaintiff’s Claim using Form 7A, following the required contents and filing steps under Rule 7 of the Rules of the Small Claims Court, and you should plan your story carefully to avoid common pitfalls like misnaming parties, missing limitation issues, or being hit with costs if you lose;   A paralegal at DefendCharges.ca™ can help you identify what to include, what to leave out, and how to structure the claim and process so you file with greater confidence in the beginning, with an actionable consult call at (647) 559-3377 for residents across Ontario.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The primary parts of the form are relatively easy involving simple fill in the blanks information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.