Small Claims Court Ontario

Small Claims Court Ontario

Suing Someone

Small Claims Court Ontario [ Suing Someone]

In our daily lives, there are occasions where we may need to pursue a Small Claim for minor issues. Small Claims provide a straightforward method to resolve disputes without going to a higher court, applicable only for amounts up to $35,000.

➤ Overview

If you are owed money for personal property valued at $35,000 or less, you can sue the individual or business in Small Claims Court. Amounts over $35,000 require filing in the Superior Court of Justice. While you are not required to hire a lawyer or paralegal to sue someone, it is advisable to consult with one to navigate the process effectively. This article will detail what you need to do when suing in Small Claims Court.

➤ Cases for suing

Examples of cases where you may want to sue include claims for:

  • Goods or services sold and delivered but not paid for
  • Unpaid loans
  • Unpaid rent
  • Non-sufficient funds (NSF) cheques

You can also sue in cases such as:

  • Property damage
  • Clothes damaged by a dry cleaner
  • Personal injuries
  • Breach of contract

➤ Steps to sue someone in Small Claims Court

The following are the five main steps when you need to sue someone in Small Claims Court:

  1. Decide if you want to sue someone
  2. Start a claim
  3. Wait for a response
  4. Go to court
  5. If you win the case, the court will request payment from the person or business you sued. If they do not pay, you can initiate legal procedures to collect the debt owed to you. If you lose, you may be responsible for paying the costs of the lawsuit.

➤ Cost of filing a claim

The total cost of filing a claim varies depending on the steps taken. Fees differ based on how frequently claims are filed. Individuals who file less than 10 claims per year in the same court location are considered infrequent claimants, while those filing 10 or more claims are frequent claimants.

  • Infrequent claimants pay:
    • $108 for filing a claim
    • $94 for filing a request for default judgment
    • $308 for setting a date for a trial or assessment hearing
    • $127 for filing a Notice of Motion for an Assessment in Writing
  • Frequent claimants pay:
    • $228 for filing a claim
    • $128 for filing a request for default judgment
    • $403 for setting a date for a trial or assessment hearing
    • $127 for filing a Notice of Motion for an Assessment in Writing

Both infrequent and frequent claimants may also incur additional court fees depending on the steps taken by themselves and the opposing party in the case. Even in Small Claims Court cases, consulting with a lawyer prior to proceeding can be highly beneficial.

Note: Forms for filing a claim can be downloaded from the Ontario Court website at: https://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/