Which Small Claims Court location do you file in?
The venue rule, the 3 tests, and how to pick the correct courthouse from all 75 locations.
By the Make Them Pay team · reviewed 2026-08-23 · 2 min read
Legal information, not legal advice. Results depend on the facts of your case.
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
Rule 6.01 gives 3 options: file where the events happened, where a defendant lives or does business, or at the court nearest a defendant. Ontario has 75 Small Claims Court locations.
The 3 tests
You can start the case in the territorial division where:
- the events happened, or
- any defendant lives or carries on business.
You can also file at the court's place of sitting nearest to a defendant's home or business. One test is enough. With several defendants, one defendant's location is enough.
How you file does not change
Outside Toronto, you file through Submissions Online. In Toronto, you file through the Ontario Courts Public Portal. The location you choose sets where your hearings happen, not how you file.
What to do
- Write each defendant's home address and business address.
- Write where the events happened: the contract, the work, or the accident.
- Apply the 3 tests. Pick a location that passes at least one test.
- Use our Form 7A interview: /build/7a. It helps you pick from all 75 locations.
- Do 2 locations pass? Pick the one that works best for you and your witnesses.
If the location is wrong
The court can move the case when the balance of convenience strongly favours another place. A wrong location can cost you a motion and months of delay.
Deadlines and fees
- The fee to file is the same at every location: $108.
- Trials are in person by default, so distance matters on trial day.
Common mistakes
- Do not pick the courthouse nearest to you when no test supports it.
- Do not use Submissions Online for a Toronto case. Toronto uses the Ontario Courts Public Portal.
- Do not guess. A defendant can ask to move a badly chosen location.
When to get a lawyer
Get legal advice if the correct location is not clear, or the defendant disputes it. 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
Primary sources
Your next move