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Frequently Asked Questions

Quick answers to the questions people ask most often about Ontario Small Claims Court, each linking to a fuller guide for more detail.

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This page collects the questions people ask most often about Ontario Small Claims Court, in one quick-reference place. Each answer links to a fuller guide where the topic deserves more depth than a short answer can provide.

Getting started

What is Small Claims Court?

A branch of the Ontario Superior Court of Justice designed to resolve everyday civil disputes faster and more simply than the regular court system, generally usable without a lawyer.

How do I know if I have a claim?

See do I have a claim? for the building blocks a provable case generally needs.

Where do I start?

See start a claim for the complete step-by-step guide, from your first gut-check through filing and beyond.

Money and fees

How much can I sue for?

Small Claims Court can generally hear claims for money, property, or services worth up to $50,000, exclusive of costs and interest.

How much does it cost to file a claim?

Filing a Plaintiff's Claim generally costs $108 for most individuals and small businesses, or $228 for a frequent claimant. See filing fees for the full schedule.

Can I get my fees back if I win?

Possibly, as part of a costs award — see costs and interest, though it isn't automatic.

Timing and deadlines

How long do I have to start a claim?

Most claims are subject to a basic 2-year limitation period, generally running from when you knew or reasonably should have known about the claim. See the filing deadline calculator.

How long does a case typically take?

It varies significantly depending on whether it settles early or proceeds to trial — see the court process for the full sequence of stages.

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Representation and process

Do I need a lawyer or paralegal?

No — Small Claims Court is designed so people can represent themselves, though you're allowed to be represented by a lawyer or licensed paralegal if you choose.

Where do I file my claim?

See where to file for how court location works, and court locations for finding the specific office.

Defending a claim

What should I do if I've been sued?

See how to respond for the complete first-steps checklist once you've been served.

What happens if I don't respond?

The plaintiff may be able to obtain a default judgment against you. See default judgments.

After a judgment

What if I win but the other side doesn't pay?

See judgment enforcement for the steps available to collect on an unpaid judgment.

Can I appeal a decision I disagree with?

In limited circumstances — see appeals for the narrow grounds generally required.

Related guides

Talk to an Ontario Small Claims Lawyer

Having trouble understanding the small claims process and would like to speak to a small claims lawyer in Ontario for a free 30-minute consultation?