Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court lawsuit in Ontario, and when should I retain a lawyer?

Answer: To start a Small Claims Court claim in Ontario, you generally prepare and issue a Plaintiff’s Claim (Form 7A), focusing on the key facts and relief sought while avoiding unnecessary detail that can create issues later, and you should consider retaining legal counsel early if there’s risk of a counterclaim, third-party claim, naming errors, or cost consequences.   Wennekers.Legal™ provides Legal Services in Ontario to help you assess risks, draft or review your Plaintiff’s Claim, and plan the next procedural steps before you file.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 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 people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider 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.