Filing a Small Claims Court claim in Ontario
Money owed to you, up to 50,000 dollars, is claimed with a Plaintiff’s Claim (Form 7A) filed at the right court office and served within six months. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, drafts, files and serves claims for plaintiffs across the GTA.
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Tell us who owes the money, how much, and when it fell due. We reply with where the claim belongs and whether it is still in time.
Which court office takes the claim
Rule 6.01 of the Rules of the Small Claims Court gives a plaintiff two places to start.
Where the cause of action arose
The territorial division where the deal was made or broken, the work was done or the damage happened.
Where the defendant is
The division where any one defendant lives or carries on business, or the court sitting nearest to that place.
Rule 11.01(3)
From Form 7A to the defendant’s answer
The first four steps under O. Reg. 258/98.
- 1File the claimAt the court office or online, with the filing fee.
- 2The clerk issues itThe claim is dated, signed, sealed and given a court file number.
- 3Serve each defendantPersonally, or by an alternative to personal service under rule 8.03, within six months of issue.
- 4Defence or defaultThe defendant has 20 days to serve and file a defence (Form 9A). Without one, the clerk may note the defendant in default.
Four clocks on a plaintiff’s file
Set by the Limitations Act, 2002 and the Rules of the Small Claims Court.
| Step | Time allowed | Rule |
|---|---|---|
| Starting the action | 2 yearsfrom the day the claim was discovered | Limitations Act, 2002, ss. 4–5 |
| Serving the claim | 6 monthsfrom the date it is issued; the court may extend it | Rule 8.01(2) |
| Defendant’s defence | 20 daysfrom being served with the claim | Rule 9.01 |
| Settlement conference | 90 daysafter the first defence is filed | Rule 13.01(3) |
What the Plaintiff’s Claim has to say
Rule 7.01(2) lists what Form 7A must contain, in concise and non-technical language.
A claim based on a contract, invoice or estimate attaches a copy to each copy of the claim. If one is unavailable, the claim says why.
Rule 6.02 bars dividing one cause of action into two actions to fit under the limit.
What to bring to the free assessment
These show which office the claim belongs in and whether the two years have run.
- The agreement: contract, quote, purchase order or the messages that set the terms.
- Invoices and payment records showing what is still unpaid.
- The date the problem first came to light, with the email or letter that shows it.
- The defendant’s legal name and address: a company’s registered name, a person’s home or business address.
- Demand letters and replies, if any were exchanged.
Who drafts and files the claim
Law Society of Ontario By-Law 4 lets a licensed paralegal represent a party in the Small Claims Court, from the claim to trial.
- Over 25 yearsAngelina Shuster has worked on immigration and criminal matters for over 25 years.
- Her number on the formForm 7A records the representative’s LSO registration number, which the Law Society’s public directory confirms.
- Richmond Hill office10211 Yonge Street, Suite 205, serving plaintiffs across the GTA.
Can the claim be filed online?
Yes. A claim filed electronically is issued electronically, and no paper copy for each defendant is needed (rules 7.01(1.1) and 7.02(2)).
What is an affidavit for jurisdiction?
It is Form 11A. When every defendant was served outside the court’s territorial division, the clerk needs it, or evidence before a judge, before noting a defendant in default (rule 11.01(3)).
What is the most that can be claimed?
50,000 dollars, not counting interest and costs. O. Reg. 42/25 raised the limit from 35,000 on 1 October 2025.
This page is general information about filing a Small Claims Court claim in Ontario and is not legal advice. Reading it does not create a paralegal-client relationship.
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