Getting Started in Small Claims Court:

Question: How do I commence a claim in Ontario’s Small Claims Court using Form 7A, and when should I retain a lawyer or paralegal to review my claim before filing?

Answer: To commence a Small Claims Court case in Ontario, you generally file a Plaintiff’s Claim on Form 7A and follow the commencement requirements in Rule 7 of the Rules of the Small Claims Court, then carefully draft the facts and relief you are asking for so you do not accidentally harm your position through avoidable omissions, naming errors, or poor framing, especially where a counterclaim, third party, costs exposure, or limitation deadlines could arise.   Olson Craig Legal can help you (lawyer & paralegal) plan what to include and what to leave out, check your documents and timelines, and reduce preventable filing mistakes before you proceed so your case is ready for the next steps.   Call (226) 886-2001 to get help starting your claim on the right footing in Ontario.

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 main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  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.

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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

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.