Getting Started in Small Claims Court:

Question: Who can help me start a Small Claims Court lawsuit and prepare a Plaintiff’s Claim (Form 7A) in Ontario?

Answer: You can get help from Wennekers.Legal™ with commencing a Small Claims Court case by preparing and reviewing your Plaintiff’s Claim (Form 7A), including how to present the key facts while following the required format and steps under the court’s procedure rules, so you reduce avoidable mistakes such as naming the wrong parties, missing limitation deadlines, or mishandling issues that may arise like a counterclaim or a third party.   If you want, Wennekers.Legal™ can also help you plan for what to expect after filing, including potential outcomes like costs being awarded against you and how the judge may assess your claims and remedies within the court’s limits.   For professional legal services tailored to your situation in Ontario, call (647) 701-1162 to discuss next steps.

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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.

Note: Please contact Wennekers.Legal™ by phone at: (647) 701-1162 to discuss any specific questions that you may have.

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 am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.