How to Start a Small Claims Court Case in Ontario

If someone owes you money, damaged your property, or didn't deliver what a contract promised, Small Claims Court is usually the fastest and least expensive way to get a legally binding decision — without hiring a lawyer. This guide walks through every step of starting a claim in Ontario, in the order you'll actually do them.

Is Small Claims Court right for your dispute?

Before you do anything else, confirm two things: that your dispute is the kind Small Claims Court handles, and that it falls within the court's monetary limit.

Small Claims Court hears civil disputes about money, property, or services — unpaid invoices, personal loans, damage to property, breach of contract, and similar disagreements between people or businesses. It does not hear most family law matters, claims involving certain landlord-and-tenant issues (those generally go to the Landlord and Tenant Board), or claims that exceed the court's monetary limit.

If you're not sure your situation qualifies, read our guide on who can sue in Small Claims Court, or use the eligibility tool for a quick, informational check.

What to gather before you start

Before you write anything down, collect the paperwork that backs up your version of events. Small Claims Court runs on documents and dates — a claim that's supported by clear records is far easier to prove than one based on memory alone.

• The contract or agreement, written or a summary of what was verbally agreed, including dates.
• Invoices, receipts, or proof of payment showing what was charged, paid, or still owed.
• Written communication — emails, texts, or letters — especially anything where the other side acknowledges the debt or the problem.
• Photos or inspection reports if the dispute involves property damage or defective work.
• A timeline of what happened and when, written while it's still fresh in your memory.
• The other party's full legal name and current address — you'll need this both to name them correctly and to serve them later.

Keeping this organized from the start also makes the claim preparation checklist and the Plaintiff's Claim form itself much faster to complete.

Check your limitation period first

Ontario law puts a time limit on most civil claims, called a limitation period. If you wait too long, the court can refuse to hear your case even if you're clearly in the right — so this is worth checking before you invest time in anything else.

For a closer look at how the clock starts running and situations that change it, see our guide to Ontario limitation periods, or get an informational estimate with the limitation-period calculator.

Send a demand letter before you sue

You aren't required to send a demand letter before filing a claim, but it's usually worth doing anyway. A demand letter is a short, formal letter stating what you're owed, why, and a deadline for payment before you take legal action.

It matters for three practical reasons. First, it sometimes resolves the dispute without a court case at all — people often pay once they realize you're serious. Second, it creates a paper trail showing you gave the other side a fair chance to make things right, which a deputy judge may view favourably. Third, it forces you to state your claim clearly, which helps when you come to fill out the actual court form.

A solid demand letter includes: what happened, what you're asking for (a specific dollar amount), the deadline to respond, and how to reach you. Keep a copy — you may attach it as evidence later. See our guide on writing an effective demand letter, or try the demand letter builder.

Decide where to file

You generally file in the Small Claims Court location that covers either where the defendant lives or carries on business, or where the events giving rise to the claim happened. If more than one location could apply, you can usually choose whichever is more convenient for you.

Filing in the wrong location doesn't necessarily end your case, but it can cause delays or require the case to be transferred, so it's worth confirming before you file rather than after. See where to file your claim and our directory of court locations.

Complete the Plaintiff's Claim

To start a case, you complete a Plaintiff's Claim — the court form that sets out who you're suing, what happened, and how much you're claiming and why. Write your account of events in plain, factual language: what was agreed, what went wrong, and the dollar amount you're owed, broken into clear categories (for example, unpaid invoice amount, plus any amount you're claiming for interest).

Two details are worth getting right the first time. Make sure you name the correct legal defendant — an individual, or the precise registered name of a business — since suing the wrong legal entity can force you to start over; see suing a corporation or business for how to pin down a company's exact legal name before you file. And keep your claim amount realistic and well-documented; vague or inflated claims are harder to prove and easier to dispute.

You can find the current version of the form and instructions for completing it in our court forms directory, and a step-by-step walkthrough in preparing a Plaintiff's Claim. The claim preparation checklist is also useful for making sure you have your documents in order before you start.

Pay the filing fee

Filing a Plaintiff's Claim requires a court fee, paid when you submit the form.

If the fee would cause financial hardship, you may be able to apply to have it waived. See our filing fees guide for the full fee schedule, or estimate your total costs with the court fee calculator.

Serve the defendant

Once your claim is filed and issued by the court, you need to formally deliver a copy to the defendant — this is called service. Filing the claim starts your case; serving it is what gives the defendant legal notice and starts their clock to respond.

Ontario's rules set out acceptable methods of service (for example, in person or by mail to specific addresses) and a deadline for completing it after your claim is issued. Because the exact methods and timelines depend on who and where you're serving, don't guess — confirm the current requirements before you attempt service, since improper service can delay your case or require you to redo it.

See filing and service for a full breakdown of accepted methods, and keep proof of service (such as an affidavit) once it's done — you'll need to file it with the court.

What happens after you file

Once the defendant is served, one of a few things typically happens next:

• The defendant pays or settles. Some cases end here, especially after a well-documented demand letter and claim.
• The defendant files a defence. If they dispute the claim, the case moves toward a settlement conference — a required, informal meeting where a judge helps both sides explore resolving the case before trial.
• The defendant does nothing. If they miss the deadline to respond, you may be able to ask the court for a default judgment without a trial.
• The case goes to trial. If it doesn't settle, both sides present their evidence at trial and a deputy judge decides the outcome. See preparing for trial when you reach that stage.

If you win and the other side doesn't pay voluntarily, a judgment isn't automatically collected for you — see enforcing a judgment for the options available.

Common mistakes to avoid

• Suing the wrong legal entity — such as a person instead of the corporation they work for, or an outdated business name.
• Waiting too long to act and running into the limitation period.
• Claiming a vague or unsupported amount instead of a clear, documented figure.
• Skipping the demand letter and losing an easy chance to resolve things without a court case.
• Getting service wrong — using a method that doesn't meet the court's requirements, which can delay the entire case.
• Missing the settlement conference or showing up unprepared, which can affect how the rest of the case goes.

Frequently asked questions