Small Claims Court in Ontario: What to Expect From Start to Finish

For many Ontarians, Small Claims Court is the first (and sometimes only) interaction they will

have with the legal system. While it is designed to be more accessible and less formal than other courts, the process can still feel overwhelming if you don’t know what to expect.

Here’s a practical overview of how Small Claims Court works in Ontario and where a licensed paralegal can assist.

What Is Small Claims Court?

Small Claims Court is a branch of the Ontario Superior Court of Justice that deals with civil

disputes involving monetary claims of up to $50,000. Common cases include unpaid invoices,

breach of contract, property damage, and return of property.

Step 1: Starting the Claim

The process begins when the Plaintiff files a Plaintiff’s Claim. This document sets out:

• Who the parties are
• What the dispute is about
• The amount being claimed

It is vital that the Claim contains all legal arguments that the Plaintiff intends to rely upon for

their case.

Once issued by the court, the claim must be properly served on the Defendant. Errors at this

stage—such as improper service or unclear claims—can cause delays or even dismissal.

Step 2: Defence and Possible Counterclaim

After being served, the Defendant has a limited time (20 calendar days) to respond by filing a

Defence. They may deny the claim entirely, admit part of it, or even file a counterclaim.

Missed deadlines at this stage can result in default judgment, which is why understanding timelines is critical.

Step 3: Settlement Conference

When a Claim is defended, Small Claims Court matters proceed to a mandatory Settlement

Conference. This is an informal meeting with a judge or mediator (often times referred to as a

referee) designed to:

• Clarify the issues
• Encourage settlement
• Narrow what would need to be decided at trial

Settlement Conferences are often where cases resolve. Preparation is key, and parties are

expected to understand their positions and supporting documents. There are also documents that need to be served and filed before the Settlement Conference.

Step 4: Trial (If Necessary)

If the matter does not settle, it will proceed to trial. At trial, parties present evidence, examine

witnesses, and make submissions to the judge.

Even though Small Claims Court is less formal, the rules of evidence and procedure still apply. Being unprepared or not having a clear understanding of how to present a case can significantly impact the outcome.

Step 5: Judgment and Enforcement

If the judge rules in your favour, you may receive a monetary judgment. However, winning does not automatically mean getting paid. Enforcement steps—such as garnishment or writ—may be required.

How a Paralegal Can Help:

Licensed paralegals in Ontario are authorized to represent clients in Small Claims Court. A paralegal can assist with:

• Drafting and filing court documents
• Ensuring proper service
• Preparing for Settlement Conferences and trials
• Representing you in court
• Advising on and assisting with enforcement options

Understanding the process before you begin can save time, money, and stress.