Start a Claim: The Complete Guide to Suing in Ontario

Starting a Small Claims Court case in Ontario isn't complicated once you see the whole shape of it — but it's easy to feel lost jumping straight to a form without understanding how the pieces fit together. This page is the map. Each section below covers one part of the journey briefly and links to a full, detailed guide for when you're ready to act on it.

Before you sue: is there a faster path?

Small Claims Court is designed to be accessible, but it's still slower and more effortful than resolving a dispute directly. Before committing to the full process, it's worth honestly asking whether a direct conversation or a documented demand letter might get you most of the way there. Many disputes end at exactly this stage — not because the claim wasn't valid, but because a clear, serious, written request was enough to prompt payment or resolution without needing a court's involvement at all.

This isn't about avoiding court out of hesitation — it's about sequencing your effort sensibly. A demand letter costs you almost nothing and often accelerates resolution; filing a claim costs a fee, time, and effort. Try the cheaper, faster step first where it makes sense, and treat the court process as what it's built for: resolving disputes that negotiation alone couldn't.

Three quick gut-checks before you start

Before you write anything down, work through three questions. Getting these right early saves far more time than rushing to file.

• Do I actually have a claim? Not every frustration is a legal claim. See do I have a claim? for the building blocks a provable case needs — an agreement or duty, a breach, a loss, and a connection between them.
• Can I sue in Small Claims Court specifically? Your dispute needs to fit the court's monetary limit and the kinds of cases it hears. See can I sue? for the full eligibility checklist.
• Am I still within my limitation period? Ontario law puts a time limit on most claims. See limitation periods if there's any chance time is tight.

If you can answer all three confidently, you're ready to move through the rest of this page.

The full path, step by step

1. Confirm you have a claim. Work through do I have a claim? — the facts, the evidence, and a real dollar figure you can support.
2. Send a demand letter. Give the other side a documented chance to resolve things first. See how to write an effective demand letter, or use the demand letter builder to generate one.
3. Prepare your claim. Turn your facts into clear, specific particulars, and decide the correct defendant and amount. See preparing and filing your claim.
4. File it at the right court location. See where to file below, and pay the applicable fee — see filing fees.
5. Serve the defendant. Filing starts your case; service is what actually puts the defendant on legal notice. See serving the defendant.
6. Wait for a response — or ask for default judgment. If the defendant doesn't respond by their deadline, see default judgments.
7. Attend a settlement conference. Most contested cases go through this required step before trial — see settlement conferences.
8. Go to trial if it doesn't settle. See what happens at a trial and preparing for trial.
9. Enforce your judgment if you win. A judgment isn't the same as being paid — see judgment enforcement if payment doesn't follow voluntarily.

This is a general sequence, not a guarantee — many cases resolve early through a demand letter or settlement, well before trial ever comes into the picture.

Who can sue

Generally, the person or business the money is actually owed to — or who directly suffered the loss — is the right party to bring the claim. A few situations complicate this in practice. Businesses sue and are sued under their own legal name, not the name of an owner or manager, so getting the exact registered name right matters from the outset. If a debt was assigned to you from someone else, you may need to be able to show that assignment. Where more than one person suffered the same loss — co-owners of damaged property, for example — it's worth considering whether all of them should be part of the claim together, since leaving someone out can complicate the case later, especially if the defendant argues the real party in interest isn't in front of the court.

Minors and people who are otherwise unable to manage their own legal affairs are treated differently in some respects — if this applies to your situation, it's worth getting that specific question answered rather than assuming the general rules apply unchanged.

It's also worth pausing on cases involving an assignment or transfer of rights — for example, if you purchased a debt from someone else, or a business relationship changed hands partway through the dispute. In these situations, being able to show how you came to be the proper party matters just as much as the underlying facts of the dispute itself. See who can sue for a fuller treatment of these situations.

Where to file

You generally file at the Small Claims Court location that covers either where the defendant lives or carries on business, or where the events giving rise to your claim happened. If your situation touches more than one of these — for example, a contract signed in one city for work performed in another — more than one location may be available to you, and you can typically choose whichever is more convenient.

Filing at the wrong location doesn't necessarily end your case, but it can cause delays or require a transfer to the correct office, which costs time you didn't need to lose. If you're not sure which location applies, confirm before you file rather than guessing — court staff can generally help you identify the correct office for your situation, even if they can't advise you on the substance of your claim.

If your dispute could reasonably connect to more than one court location — for example, a contract negotiated remotely between parties in different cities — think about practical convenience too: where you can most easily attend a settlement conference or trial, and where any witnesses you might need are located. See where to file for the fuller picture.

Types of disputes this covers

Small Claims Court handles a wide range of everyday civil disputes: unpaid invoices and loans, contractor and renovation disputes, property damage, consumer disputes over goods or services, vehicle and repair disputes, breach of contract, and many employment-related claims within the court's monetary limit. It generally doesn't handle most family law matters or residential tenancy disputes, which are dealt with elsewhere. Browse types of disputes for guides organized by category.

Starting a claim as a business vs. an individual

The core process is the same whether you're suing as an individual or as a business, but a few details differ in practice. A business generally sues under its exact registered legal name, not the name it advertises under or the name of its owner — mixing these up is one of the most common, and most avoidable, errors at the filing stage. If your business operates under a trade name that's different from its registered legal name, confirm which name actually needs to appear on the claim.

Representation can also work differently for businesses in some circumstances — a corporation may need to be represented by a director, officer, employee, or a lawyer or paralegal, rather than simply anyone connected to the company. If you're filing on behalf of a business and you're not the sole owner, it's worth confirming who is actually permitted to represent it in court before your first appearance.

Frequent filers — businesses that file many claims in a year at the same court office — should also be aware that filing fees can differ based on filing frequency; see filing fees for the current structure.

If the defendant is unusual to locate or serve

Most claims involve a defendant with a known address and a straightforward path to service. Some situations are more complicated, and it's worth knowing they exist before you're caught off guard by one:

• A defendant who has moved or is hard to locate. Reasonable efforts to find a current address — checking former addresses, workplaces, or asking mutual contacts — matter both practically and because they may support a request for alternative service later. See serving the defendant.
• A defendant outside Ontario. Different rules can apply to service outside the province or country — don't assume your usual method applies without confirming.
• A business that has closed, sold, or restructured. Confirm exactly what happened to the entity before assuming there's no one left to sue — a successor company or the individuals behind a dissolved business may still be identifiable defendants depending on the circumstances.
• A government body or public institution. Claims against government entities can involve additional notice requirements or procedures — this is worth confirming specifically rather than assuming the standard process applies unchanged.

How much should you actually claim?

Claim the amount you can actually document and justify — not a round number, and not an inflated figure meant to "leave room to negotiate." Start from your hard evidence: the unpaid portion of an invoice, a repair estimate, the cost to replace something damaged, or the value of goods or services paid for but not received. If interest applies, calculate and state it separately from the principal amount — see the prejudgment interest calculator.

Remember that the court's monetary limit applies to your claim amount, exclusive of costs and interest — see can I sue? for the current limit. If your actual loss exceeds that limit, you can still choose to cap your claim at the limit and give up the remainder, or pursue the full amount in the Superior Court of Justice instead.

What starting a claim actually costs

Filing fees are just one piece of the total cost of a case. Filing a Plaintiff's Claim requires a court fee — see filing fees for the current schedule, or use the court fee calculator for a fuller estimate across the stages your case might reach. Beyond the filing fee, budget for service costs (if you hire someone to formally deliver your documents), and potentially a trial request fee later if the case doesn't settle. Weigh this total realistically against what you're trying to recover before you commit.

A realistic timeline

Timelines vary significantly by court location and how the defendant responds. A case that ends in a quick settlement or an uncontested default judgment can resolve in a matter of weeks to a couple of months. A fully contested case that proceeds through a settlement conference and on to trial typically takes considerably longer, often many months, depending on court scheduling. Building in realistic expectations about time — rather than assuming a fast resolution — helps you plan around the process instead of being frustrated by it.

The stages that tend to take the longest are often the ones outside your direct control — waiting for a court date to become available, or waiting for a defendant's response window to run its course. You can't speed these up by rushing your own preparation, but you can make sure you're never the reason for a delay, by responding promptly whenever the ball is in your court.

Terms you'll run into along the way

A handful of terms come up repeatedly through this process. Knowing them upfront makes every guide on this site easier to follow.

• Plaintiff. The person or business starting the claim — that's you, at this stage.
• Defendant. The person or business being sued.
• Particulars. The written account of what happened, included in your claim.
• Service. Formally delivering court documents to the other side in a way the court's rules accept.
• Defence. The defendant's formal written response to your claim.
• Settlement conference. A required, informal meeting before trial aimed at resolving the case.
• Default judgment. A decision in your favour made because the defendant didn't respond in time.
• Judgment. The court's final decision on the case.
• Enforcement. The steps taken to actually collect on a judgment that hasn't been paid voluntarily.

A first-timer's checklist

• I've confirmed I have a claim and gathered my supporting documents.
• I've sent a demand letter, or decided why I'm skipping that step.
• I know the correct legal name and address for the defendant.
• I've calculated a specific, documented amount to claim.
• I've confirmed the correct court location.
• I understand the filing fee and have a plan to pay it.
• I have a plan for serving the defendant once my claim is issued.

Common mistakes across the whole process

• Rushing past the "do I have a claim" step and filing something vague or poorly documented.
• Getting the defendant's legal name wrong, especially for businesses.
• Treating filing as the finish line and delaying service afterward.
• Ignoring your limitation period until it's nearly too late to act.
• Underestimating the total cost and time a fully contested case can involve.

Frequently asked questions