In Small Claims Court in Ontario, you can sue a person or business for money or the return of personal property valued at $25,000 or less, not including interest or cost. If you are suing for more than $35,000, your case will need to appear before the Superior Court of Justice (Civil Court).
A Plaintiff's Claim (Form 7A) commences the action in Small Claims Court. The party who brings the action is called the plaintiff. Defence (Form 9A) is a chance for the defendant to either agree to all or part of the Plaintiff's Claim or to refute it altogether. A Defendant's Claim (Form 10A) may be filed by a defendant to an action where the defendant makes a claim in the action against another person, or another party (such as the plaintiff, or a co-defendant).
Your claim must fall under one of the two categories:
1. Claims for money owed under an agreement, such as:
- Unpaid accounts for goods or services sold and delivered
- Unpaid loans
- Unpaid rent
- NSF cheques
2. Claims for damages, such as:
- Property damage
- Breach of contract
- Defective workmanship
- Unpaid debt
- Negligence
- Defamation of character
- Wrongful dismissal
- Unjust enrichment
- Duress
The paralegals here at Joston Legal Services can help you determine whether you have sufficient enough of a claim to sue in Small Claims Court, or whether to simply send a Pending Litigation Warning letter.
While a court ordered judgement may guarantee that a debtor has to pay, the other party often experiences difficulties with collecting the money ordered by judgement. If you've already been through the Small Claims Court process and have yet to receive the money owing to you, we can assist you in debt enforcement proceedings.