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Small Claims in Ontario

Clear, province-specific guidance on small claims procedures, filing limits, fees, and court processes in Ontario.

Always confirm current rules with the appropriate court in your jurisdiction.

Important Note

This information is for general guidance and is not legal advice. Small claims rules, fees, and claim limits may change. Always confirm curent details with your local court.

  • Small Claims offices operate throughout Ontario.


    Find the appropriate location:
    Courthouse directory

  • Response Times
    Serve the Claim: as soon as possible after filing
    Defendant’s Reply: timelines set by Small Claims Court rules
    Settlement Conference: scheduled after the first stage of the claim
    Hearing: scheduled after settlement conference
    Payment: due as required in the judgment
    Default Judgment: possible if the defendant does not respond
    Missing deadlines may delay your case or affect the court’s ability to proceed.

  • Many disputes settle before a hearing.


    Settle Early if Possible
    You may reach an agreement directly with the defendant. If so:

    • Put the terms in writing

    • File a consent or withdrawal form with the court


    If No Settlement
    The matter proceeds to a settlement conference or hearing.
    Settlement conference information

    ​

    Court Hearing
    If your case reaches a hearing, you will appear before a judge.


    What to Expect
    Hearings are designed to be simple and efficient. Bring:

    • All evidence organized

    • Copies for the judge and defendant

    • Witnesses if required

    Both sides will present evidence and answer questions.
    A written judgment may be issued immediately or later.

    ​

    Judgment & Enforcement
    After the hearing, the decision becomes a judgment.


    If You Win
    Your judgment will state what the defendant owes.
    If they do not pay voluntarily, you may enforce it through:

    • Garnishment of wages

    • Garnishment of bank accounts

    • Seizure of assets

    Enforcement guide


    If You Lose
    You may owe costs.
    Appeals are possible but limited and must follow strict rules.

  • Once the form and evidence are ready, you can file.


    Where to File
    Small Claims can be filed:

    • Online through the e-Filing system

    • In person at a Small Claims Court office

    • By mail (depending on the office)


    Online filing:
    Small Claims Online Documents
    File in the courthouse closest to where:

    • The defendant lives or does business, or

    • The dispute occurred


    Court Locations:
    Ontario Courts


    What to Bring

    • Completed Small Claims form

    • Supporting documents

    • Filing fee or fee waiver

    The clerk will stamp your claim and provide copies for service.

    ​

    Serve the defendant
    You must serve the defendant with the issued claim.


    How to Serve
    You may serve by:

    • Personal service

    • Registered mail

    • Courier with signature

    • Process server


    Service rules are outlined here


    Proof of Service
    Complete an Affidavit of Service and file it with the court.
    Keep all receipts and tracking records.

  • Before filing, take time to organize your case. This improves clarity and reduces mistakes.


    Send a Demand Letter
    Attempt to resolve the matter first. Include:

    • What happened

    • What you are requesting

    • A deadline (typically 14–30 days)

    • Notice that you will file a Small Claims action if unresolved

    Send using registered or trackable mail and keep proof.


    Gather Your Evidence
    Collect documentation supporting your claim:

    • Receipts, contracts, and invoices

    • Screenshots, emails, or communication logs

    • Proof of payment or financial loss

    • A timeline of key events


    Complete the Correct Form
    Ontario uses a series of Small Claims Court forms depending on your claim type.
    Forms are available here


    Include:

    • Defendant’s correct legal name

    • A brief summary of the dispute

    • The amount claimed (up to $35,000)

  • Ontario Small Claims Court
    Use Small Claims Court for:

    • Claims up to $35,000

    • Debts, damages, or personal property disputes

    • Contract issues or unpaid accounts

    • Service-related issues and straightforward civil disputes


    Small Claims Court is designed for accessible, simplified procedures and does not require a lawyer.


    Ontario Superior Court of Justice
    Use the Superior Court for:

    • Claims over $35,000

    • More complex civil matters

    • Issues requiring injunctions or broader remedies

    • Appeals from Small Claims Court decisions


    Larger than $35,000:
    Claims above this limit must be filed with the Superior Court of Justice.


    Smaller than $35,000:
    Claims under this limit normally proceed through Small Claims Court unless:

    • The dispute falls outside Small Claims jurisdiction

    • The remedy required is only available in Superior Court


    Visit the Ontario Small Claims Court page for full details.

In This Guide

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