How to sue someone outside Ontario

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

Ontario Small Claims Court can hear a case with a real and substantial connection to Ontario. The venue rule lets you file where the events happened, even when the defendant lives elsewhere. A judgment here and collection there are 2 different problems.

When Ontario can work

• The contract was made in Ontario, or was broken in Ontario.
• The events happened in Ontario.
• The defendant does business in Ontario.

Each fact helps show the connection. The defendant can still challenge the court's jurisdiction, and must then show the connection is weak.

Service outside Ontario

You must still serve the defendant, within 6 months after the court issues the claim. A process server in the defendant's city can make personal service. Keep the Affidavit of Service (Form 8A) exact. Service in a country that belongs to the Hague Service Convention must follow the Convention. Get advice first.

The collection problem

Think about collection before you file. An Ontario judgment does not enforce itself in another province or country. You must have the judgment recognized where the defendant's assets are. The court there decides whether to recognize the Ontario judgment. If the defendant has assets in Ontario, you can enforce here: a bank account, wages, or property. If everything is elsewhere, ask a lawyer where to sue before you start.

What to do

1. Write down every Ontario connection: where the deal was made, performed, and paid.
2. Find the defendant's current address.
3. List the defendant's assets and where they are.
4. If Ontario fits, file where the events happened: /build/7a.
5. Arrange service where the defendant lives. Budget for a process server there.
6. Check the deadline: 2 years, in most cases. Another place's limitation law can apply to your claim.

Common mistakes

• Do not assume an Ontario judgment works everywhere.
• Do not skip the connection check. A jurisdiction fight can cost more than the claim.
• An online seller far away can be hard to serve, and harder to collect from.
• Do not forget the 6-month service deadline.

When to get a lawyer

Get legal advice before you sue a defendant outside Ontario. The forum choice can decide the case. 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