Small Claims Court limit in Ontario: $50,000 since 2025
The Ontario Small Claims Court limit is $50,000, not counting interest and costs, since October 1, 2025. What counts, what to do above it, and the minimum.
By the Make Them Pay team · reviewed 2026-09-14 · 7 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
The Small Claims Court limit in Ontario is $50,000, not counting interest and costs. The limit rose from $35,000 to $50,000 on October 1, 2025. There is no minimum amount. If you are owed more than $50,000, you have two routes. Sue in the Superior Court of Justice, or abandon the excess and stay in Small Claims Court. Any page that still says $25,000 or $35,000 is out of date.
What the $50,000 limit covers
Small Claims Court decides two kinds of claims: the payment of money, and the recovery of possession of personal property. Each is limited to $50,000. The limit is the amount you claim, before interest and before costs. So a $50,000 debt with $2,000 of prejudgment interest is inside the limit.
The same limit applies to a Defendant's Claim (Form 10A). It applies to the value of the property in a claim for the return of goods.
What counts, and what does not
| Item | Inside the $50,000? | Why |
|---|---|---|
| The money owed, or the value of the goods | Yes | This is the claim (CJA s. 23(1)) |
| Prejudgment interest | No | Excluded by CJA s. 23(1) |
| Court fees and disbursements you ask back | No | Costs are excluded by CJA s. 23(1) |
| A representation fee if you win | No | Costs (O. Reg. 258/98 r. 19.04) |
| Two separate debts from the same contract | Together | One cause of action cannot be split (r. 6.02) |
| Two unrelated claims against the same person | Each on its own | Each is its own cause of action (r. 6.02) |
You are owed more than $50,000: three routes
- Sue in the Superior Court of Justice. Claims up to $200,000, not counting interest and costs, use the simplified procedure. Costs and steps are higher than in Small Claims Court.
- Abandon the excess and sue for $50,000 in Small Claims Court. You keep the fast process and the low fees. The abandoned part is given up: a second action for it would divide one cause of action, and the rules forbid that.
- Move a Superior Court action down. An action inside the Small Claims limit can transfer to Small Claims Court on consent before the trial.
Do the math before you choose. A Small Claims trial costs $416 in court fees: $108 to file and $308 for the trial date. A winner recovers only part of a representation fee, because costs are capped at 15% of the amount claimed. For a $58,000 debt, abandoning $8,000 to stay in Small Claims Court can cost less than a Superior Court action. Get legal advice for that decision.
You cannot split a claim to fit
One cause of action cannot be divided into two or more actions to bring it inside the limit. A $70,000 invoice cannot become two $35,000 claims. Two different contracts with the same customer are two causes of action, and each can be its own claim.
Is there a minimum amount?
No. The Courts of Justice Act sets a maximum, not a minimum. Two practical floors exist. The filing fee is $108, so a claim below a few hundred dollars rarely pays for itself. And a minor can sue on their own only for $500 or less; above that, a litigation guardian sues for them.
How the limit changed
| From | Limit | Regulation |
|---|---|---|
| October 1, 2025 | $50,000 | O. Reg. 42/25 |
| January 1, 2020 | $35,000 | O. Reg. 343/19 |
| January 1, 2010 | $25,000 | O. Reg. 439/08 |
| 2001 to 2009 | $10,000 | O. Reg. 626/00 as made |
The 2025 increase pulled many claims out of the Superior Court. The court reports 65,919 new Small Claims proceedings in 2025, about 45% of all civil actions in Ontario.
The other numbers that travel with the limit
- Appeals. A Small Claims judgment can be appealed to the Divisional Court only when the amount in dispute is more than $5,000. Read: appeals over $5,000.
- Costs cap. Costs other than disbursements cannot exceed 15% of the amount claimed, unless the court penalizes unreasonable conduct.
- Self-represented winner. Up to $500 for inconvenience and expense, and up to $1,500 more for beating your own offer to settle.
- Fees. $108 to file a claim, $77 for a Defence, $308 for a trial date, with an inflation adjustment on January 1, 2027.
What to do
- Add up what you are owed, without interest. If it is $50,000 or less, Small Claims Court is open to you. Use the free checker.
- If it is more, decide between the Superior Court and abandoning the excess. Get legal advice for that choice; the lawyer check exists for it.
- Write the amount and the interest start date on the Plaintiff's Claim (Form 7A). Interest goes in its own line, not in the amount claimed.
- Do not split one debt across two claims.
Questions people ask
What is the Small Claims Court limit in Ontario?
$50,000, not counting interest and costs (Courts of Justice Act s. 23(1); O. Reg. 626/00 s. 1, as amended by O. Reg. 42/25). The limit has been $50,000 since October 1, 2025. Before that it was $35,000.
Does the $50,000 limit include interest?
No. The limit is exclusive of interest and costs (Courts of Justice Act s. 23(1)). You can claim $50,000 plus prejudgment interest under s. 128, and the court can add costs on top.
Is there a minimum amount for Small Claims Court in Ontario?
No. The Act sets a maximum only (Courts of Justice Act s. 23(1)). The $108 filing fee (O. Reg. 332/16) is the practical floor. A minor can sue without a litigation guardian only for $500 or less (rule 4.01(2)).
What if I am owed more than $50,000?
Sue in the Superior Court of Justice, where claims up to $200,000 use the simplified procedure (Rules of Civil Procedure, r. 76.02), or abandon the excess and claim $50,000 in Small Claims Court. The abandoned part cannot be claimed later (rule 6.02; Intact Insurance v. 2229152 Ontario Limited, 2017 ONSC 3282).
Can I split my claim into two to stay under the limit?
No. One cause of action cannot be divided into two or more actions to fit the limit (rule 6.02). Two separate contracts are two causes of action, and each can be its own claim.
When did the Small Claims Court limit change to $50,000?
On October 1, 2025 (O. Reg. 42/25, amending O. Reg. 626/00). Before that the limit was $35,000 from January 1, 2020 (O. Reg. 343/19), and $25,000 from January 1, 2010 (O. Reg. 439/08).
Does the limit apply to a Defendant's Claim?
Yes. A Defendant's Claim (Form 10A) is a claim in the same court, so the $50,000 limit applies to it as well (Courts of Justice Act s. 23(1); rule 10.01).
When to get a lawyer
Get legal advice if your claim is near or above $50,000, or if you are deciding whether to abandon part of it. Get it too if the other side has a lawyer. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.
Free tools
- Check if your claim fits: /check
- Fill the Plaintiff's Claim: /build/7a
- Fees and interest calculator: /calculators/costs
- The complete guide: Small Claims Court in Ontario
Primary sources
Your next move