Getting Started in Small Claims Court:

Question:How do I start a Small Claims Court case in Ontario and what should I do to retain a lawyer or paralegal?

Answer:To start a Small Claims Court case in Ontario, you typically file a Plaintiff’s Claim (Form 7A) and follow the Small Claims Court rules, especially Rule 7, while carefully drafting the facts in a clear chronology and accounting for risks like counterclaims, costs, third-party claims, and naming errors.  If you want help choosing what to include or omit and responding to complications, Olson Craig Legal can assist with document preparation, legal strategy, and day-to-day steps with a lawyer & paralegal approach across Ontario.  Call (226) 886-2001 to book a consultation and move forward with stronger, more organized filings.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Note: Please contact Olson Craig Legal by phone at: (226) 886-2001 to discuss any specific questions that you may have.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• What if I am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.