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 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.

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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.