Ontario Small Claims Court, start to finish.
A plain-English guide to every stage — from the demand letter to the deputy judge's decision. Both sides: plaintiff (suing) and defendant (defending).
What Small Claims Court actually is.
Small Claims Court handles civil disputes for money — up to $50,000 for most claims, $25,000 for motor vehicle accidents. It's deliberately designed for self-represented people: the rules are simpler, the forms are readable, and the deputy judges are patient. That said, the plaintiff with a paralegal almost always outperforms the one without — especially at settlement conferences and trial.
What Small Claims Court handles.
Contractor not paid, freelancer stiffed, goods delivered but never paid for. Small Claims is designed exactly for this.
Landlord kept your deposit without legitimate reason. The Residential Tenancies Act requires written reasons and receipts — if they can't provide them, you win.
Work done wrong, never finished, or materials not provided. We document the deficiency, get quotes for remediation, and build the damages calculation.
Fender-benders where the other driver is uninsured, underinsured, or denies fault. The $25,000 cap is firm — larger claims go to Superior Court.
NSF cheques are almost always winnable — the evidence is the cheque itself. We add the NSF bank fees and sometimes legal costs.
Purchases that weren't as described, cancelled services with withheld deposits, or warranty claims the seller refuses to honour.
Suing and defending: two different games.
Whether you filed or you were served, the process looks the same from the outside. The strategy, the burden of proof, and the risks are completely different.
A well-written demand letter resolves about 30% of disputes without filing. It also shows the court you tried. Give the other side 14 days to respond.
Describe what happened, what you're owed, and how you calculated it. Attach copies of your invoices, contract, or communications. The math needs to be exact — courts don't award guesses.
File at the Small Claims Court clerk's office in the defendant's jurisdiction. Fees range from $102.50 to $500 depending on the claim amount. You get the fee back if you win.
You must serve the Plaintiff's Claim within 6 months of filing. Personal service is preferred. File an Affidavit of Service (Form 8A) with the court once done.
The defendant has 20 days to file a Defence. If they don't respond, you can request a default judgment from the clerk — no hearing required.
If the defendant files a Defence, a mandatory settlement conference is scheduled (usually 30–60 days out). A judge facilitates. Most contested cases settle here.
A deputy judge hears both sides, reviews evidence, and renders a decision. A decision may be given at the hearing or released at a later date. No jury.
Winning a judgment is not the same as getting paid. If the defendant doesn't pay voluntarily, you can garnish wages or bank accounts, or file a writ of seizure and sale against their property.
The claim sets out exactly what the plaintiff says you owe and why. Check every number and allegation — errors are common and can be challenged.
You have 20 days from the date of service to file Form 9A (Defence). Missing this deadline means the plaintiff can obtain a default judgment against you without a hearing.
If you have a legitimate claim against the plaintiff arising from the same dispute, file it as a Defendant's Claim (Form 10A) at the same time as your Defence.
Contracts, receipts, communications, photos — collect everything relevant. Small Claims is won on paper. Verbal accounts are helpful but documents decide most cases.
You must attend. Failure to appear can result in a default judgment against you. Settlement conferences frequently resolve disputes at a number below the full claim — often worth settling.
If the matter proceeds to trial, you need an organised evidence package, witness list, and clear submissions. Representing yourself against counsel is possible but difficult.
Settlement conference, then trial.
Once a Defence is filed, both parties must attend a settlement conference before a judge. The judge reviews the claim, identifies the real issues, and actively pushes for resolution. The majority of defended Small Claims matters settle here. Arriving without a prepared evidence package is a common mistake — it signals to the judge and the other side that you're not serious.
Small Claims trials are presided over by a deputy judge (usually a practising lawyer sitting part-time). No jury. Both sides present documents, call witnesses, and make submissions. The deputy judge usually decides on the day or within 45 days. The hearing typically runs half a day for straightforward matters.
A judgment in your favour is a legal right to collect — not a cheque. If the defendant doesn't pay voluntarily, you must enforce the judgment. Options include garnishing wages, garnishing a bank account, filing a writ of seizure and sale against their property, or conducting an Examination in Aid of Execution to find their assets. Enforcement adds time and cost.
Ontario court filing fees are set by the Province of Ontario and may change from time to time. Court fees are separate from our legal fees and are payable directly to the court at the time of filing.
If your claim is successful, the court may order the defendant to reimburse some or all of your court filing fees.
- Signed contract or written agreement
- Invoices with itemised amounts
- Payment records (e-transfers, cheques, receipts)
- All email, text, and written communication
- Photos of defective work or damaged property
- Quotes from other contractors for remediation
- Demand letter and proof of delivery
- Any previous court orders or judgments between the parties
Demand letter to judgment: how long does it take?
For a contested matter in Simcoe County. Undefended claims resolve much faster; complex trials may take longer.
| Stage | When | Notes |
|---|---|---|
| Demand letter sent | Before filing | Allow reasonable time for response |
| Plaintiff's Claim filed | Day 0 | Court filing fee paid at filing |
| Defendant served | Within 6 months | Proof of service must be filed with the court |
| Defence deadline | 20 days after service | If no Defence is filed, the plaintiff may be entitled to seek default judgment |
| Settlement conference | 3After a Defense is filed | Many matters resolve at the settlement conference stage |
| Trial date (if needed) | Scheduled after settlement conference | If the matter does not resolve at settlement conference |
| Total: file to judgment | Varies | Timing depends on the court location, complexity of the matter, and whether the claim is defended |
| Enforcement (if needed) | After judgment | Garnishment, writ of seizure and sale, or judgment debtor examination |
Is the claim worth filing?
Bring the invoices, the contract, or just the story. We'll tell you honestly whether the amount, the evidence, and the defendant make it worth pursuing — and what it would cost. No charge for the call.