Ontario's Small Claims Court handles disputes up to $50,000— and it is, genuinely, one of the most accessible parts of the legal system. The forms are in plain English, the judges explain the process as they go, and you are not required to have a lawyer or paralegal. That said, “accessible” and “simple” are not the same thing. Here is how it actually works, step by step.
Is Small Claims Court the right place?
Start by confirming three things:
- Amount:Your claim must be $50,000 or less (not counting interest and court costs). If it's more, you'll need to consider the Superior Court of Justice — which is a different process entirely.
- Type of claim: Small Claims handles money disputes — unpaid invoices, property damage, broken contracts, security deposits, bad debt, shoddy work. It does not handle family matters, criminal charges, or injunctions.
- Limitation period: Ontario's basic limitation period is two years from the date you knew (or reasonably should have known) about the loss. Miss it and you lose the right to sue, regardless of how strong your case is.
Step 1 — File a Plaintiff's Claim (Form 7A)
The Plaintiff's Claim is a standardized form available at any courthouse or online through the Ontario Court website. You describe your claim in plain language, name the defendant, and state the amount you are seeking. Attach copies of any relevant documents: contracts, invoices, text messages, photographs.
Filing fees in Barrie's Small Claims Court (at the Barrie courthouse on Worsley Street):
These fees are recoverable if you win — the court can order the losing party to reimburse your filing cost.
Step 2 — Serve the defendant
After filing, you must deliver a copy of the claim to the defendant by an approved method within six months. The court does not serve for you. Approved methods include personal service (handing it directly to the person), leaving it at their address with an adult resident, or — for businesses — leaving it with a receptionist or manager at the place of business.
Keep a Affidavit of Service(Form 8A) documenting how and when you served the defendant. If the matter ever goes to trial or default, you'll need it.
Step 3 — The defendant responds
The defendant has 20 days(if served in Ontario) to file a Defence (Form 9A). If they don't, you can request a default judgment — a court order requiring them to pay without a trial. If they dispute the claim, the court schedules a settlement conference.
Step 4 — Settlement conference (mandatory)
Before any trial, both parties must attend a settlement conference before a judge or deputy judge. This is private — not open to the public — and it's genuinely effective. Roughly half of Small Claims matters settle at this stage or shortly after. The judge can provide their view on the strengths and weaknesses of each side's case, which gives both parties realistic expectations.
Come to the settlement conference prepared: bring all your documents, a clear summary of your position, and any witnesses you plan to call at trial. The judge will want to understand the issues quickly.
Step 5 — Trial
If the matter doesn't settle, it proceeds to trial. Trials in Small Claims are less formal than Superior Court but still follow rules of evidence. You'll present your claim, your witnesses give testimony, the defendant responds, and the judge decides. Written judgments are usually issued within a few weeks of trial.
One important point: if you win and were represented by a paralegal, the court can order the defendant to pay up to 15% of the claim amount as a representation fee — a partial offset of your legal costs. That means the cost of having a paralegal is often partly recovered even before you count the value of a better outcome.
Collecting your judgment
A court judgment is not a cheque. If the defendant doesn't pay voluntarily, you need to enforce the judgment — through wage garnishment, garnishment of a bank account, or seizure of personal property through a bailiff. Enforcement is a separate process with its own steps and fees. It is often the stage where having a paralegal makes the biggest practical difference.
When a paralegal helps
You can self-represent at every step — but there are points where professional help pays for itself. The Form 7A must accurately describe the claim; vague or overbroad claims get struck at the settlement conference. Defendants with paralegals will present their defence strategically. Enforcement, if needed, involves procedures most people have never encountered.
We offer fixed-fee representation for Small Claims matters in Barrie and Simcoe County. One call tells you whether your claim is strong enough to pursue and what it's likely to cost.
This is general information, not legal advice. Limitation periods, filing fees, and court procedures may change — confirm current details at ontario.ca/smallclaims or with our office before filing.