How Small Claims Court works in Ontario (2026)

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

Small Claims Court is the branch of Ontario's Superior Court of Justice for money claims up to $50,000.

You file a claim, you serve it, and the case moves to default judgment, settlement, or trial.

What to do

1. Check your deadline first. In most cases, you must start within 2 years of the day you discovered the claim.
2. Send a demand letter. Give a clear amount and a date to pay. Our tool writes one free: /demand-letter.
3. Fill in the Plaintiff's Claim (Form 7A). Our free interview fills the form for you: /build/7a.
4. File the claim at the correct court location and pay the $108 fee.
5. Serve a copy of the issued claim on each defendant within 6 months.
6. File an Affidavit of Service (Form 8A) for each person you served.
7. Wait 20 days for the Defence. If none comes, ask the clerk to note the defendant in default.
8. If the defendant files a Defence, go to the settlement conference. The court sets one in every defended case.
9. If the case does not settle, pay $308 to fix a trial date.
10. If you win, enforce the judgment. The court does not collect the money for you. Read our guide: how to collect.

Deadlines and fees

These numbers apply in 2026. Court fees change on January 1, 2027.

• Start your claim: within 2 years of discovery, in most cases.
• File a claim: $108, or $228 for a frequent claimant.
• Serve the claim: within 6 months after the court issues it.
• Defence: due 20 days after service.
• Settlement conference: within 90 days after the first Defence.
• Trial date: $308 to fix it, or $403 for a frequent claimant.
• Delay: the clerk must dismiss the case 2 years after it starts if it has not moved.

A frequent claimant is a claimant with 10 or more claims in the same office in one calendar year.

Common mistakes

• Do not wait. The 2-year clock runs while you send reminders and wait for replies.
• Do not sue for more than $50,000 in this court. Interest and costs do not count toward the limit.
• Do not split one claim into 2 claims to fit the limit. The rules do not allow it.
• Use the defendant's exact legal name. A judgment against a wrong name is hard to enforce.
• Do not let the case sit. The court dismissed more than 70,000 delayed cases in one recent year.

When to get a lawyer

Get legal advice if the claim is large, the facts are in dispute, or the other side has a lawyer. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines