Small Claims Court

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Small Claims Court Services — serving London, Middlesex County, Southwestern Ontario.

Ontario Small Claims Court: Key Facts

Small Claims Court in Ontario handles civil disputes up to $50,000 not including interest and costs. It is designed to be more accessible and less formal than Superior Court, but the outcomes are legally binding and enforceable. As a licensed paralegal, I can represent you in Small Claims Court for claims up to $50,000. For claims over $50,000, you need a lawyer and must file in Superior Court. Common types of cases include unpaid debts and invoices, breach of contract, property damage, consumer disputes, defective products, security deposit recovery, and personal injury claims within the monetary limit.

Should You File, Negotiate, or Walk Away?

Filing makes sense when you have clear evidence of what is owed such as a contract, invoice, or written agreement, when the amount is significant enough to justify the time and cost, when the other party can actually pay if you win, and when you have tried to resolve it directly and failed. Negotiation is smarter when both sides have legitimate arguments, when preserving the relationship matters such as with a business partner or neighbour, when a quick partial payment is better than a long court process, or when the other side has made a reasonable counter-offer. Walking away might be best when the amount is small relative to the effort and cost, when the other party has no assets or income to collect from even if you win, when your evidence is weak, or when the emotional cost of litigation outweighs the potential recovery.

The Small Claims Court Process Step by Step

Step 1: File Your Claim — Prepare and file a Plaintiff's Claim form with the court along with the filing fee of $102 for claims under $500 or $273 for claims over $500. Step 2: Serve the Defendant — The defendant must be formally served with the claim. They have 20 days to file a defence. Step 3: Defence or Default — If the defendant does not respond within 20 days, you can request a default judgment. If they file a defence, the case proceeds to a settlement conference. Step 4: Settlement Conference — A mandatory meeting with a judge to explore settlement. Many cases resolve at this stage without going to trial. Step 5: Trial — If settlement fails, the case goes to trial where both sides present evidence and a judge makes a binding decision. Step 6: Enforcement — If you win and the other party does not pay, enforcement options include garnishment of wages or bank accounts and seizure of assets.

What Paralegals Can and Cannot Do in Small Claims Court

Licensed paralegals can handle all aspects of Small Claims Court representation up to the $50,000 limit. This includes drafting and filing claims and defences, serving documents, representing you at settlement conferences and trial, examining witnesses, making legal arguments, and enforcing judgments. Paralegals cannot represent you in Superior Court for claims over $50,000, handle appeals to Divisional Court (a lawyer is required), or provide legal advice on matters outside their scope of practice. For most Small Claims Court matters, a paralegal provides the same quality representation as a lawyer at a significantly lower cost.

Frequently Asked Questions

Contact LegalAssist

Phone: 365-882-9515
Email: info@legalassist.london
Location: London, Ontario N6A 2L1
Hours: Monday–Friday 9:00 AM – 6:00 PM