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Ontario Small Claims Court · claims up to $50,000 · the complete guide

Small Claims Court in Ontario: the complete guide (2026)

Ontario Small Claims Court, explained: the $50,000 limit, every form, fee, and deadline, the process from demand letter to judgment, and how to collect.

By the Make Them Pay team · legal review by Jonathan Kleiman, licensed Ontario lawyer, Mithril Law: pending · updated 2026-09-09 · 25 min read

Check your claim, free Fill Form 7A, free

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

Small Claims Court is the branch of the Ontario Superior Court of Justice for claims up to $50,000, for money or the return of personal property. You start with a demand letter, file a Plaintiff's Claim (Form 7A) for $108, serve it, and wait 20 days for a Defence. If there is no Defence, you can ask for default judgment. If there is a Defence, the court holds a settlement conference, then a trial. The court does not collect the money for you. After judgment, you enforce it with garnishment, writs, or an examination.

This page is the map. Every section links to the tool or the guide that does the step. The forms are free here, filled from your answers: check your claim, write the demand letter, fill Form 7A.

What is Small Claims Court in Ontario?

Small Claims Court is one provincial court, not a set of local courts. It is a branch of the Superior Court of Justice. Deputy judges, who are lawyers appointed to the role, hear most cases. The court sits in about 75 places across 8 regions. Toronto has one location, at 47 Sheppard Avenue East. Find yours: Small Claims Court locations by city.

The court is busy. Ontario saw 65,919 new Small Claims proceedings in 2025, about 45% of all civil actions. 87,414 were pending at year end. More than 70,000 were dismissed for delay in the year after May 2024 [VERIFY source table]. The lesson from that last number: the clocks matter as much as the facts.

The rules of the court are the Rules of the Small Claims Court, O. Reg. 258/98. Fees are in O. Reg. 332/16. The $50,000 limit is in O. Reg. 626/00. This guide cites the rule for every fact. Items marked [VERIFY] have not yet been checked against the current e-Laws consolidation.

What is the Small Claims Court limit in Ontario?

The limit is $50,000, not counting interest and costs. It rose from $35,000 on October 1, 2025. Anything you read that says $35,000 or $25,000 is out of date.

Three rules follow from the limit:

  • You cannot split one claim into two claims to fit under $50,000.
  • You can sue for $50,000 and give up the rest of a larger claim. The part you give up is gone for good [VERIFY: abandonment rule and pinpoint].
  • A claim over $50,000 belongs in the Superior Court of Justice. A Superior Court action within the limit can move down to Small Claims on consent.

Appeals go to the Divisional Court when the amount in dispute is more than $5,000. Read: appeals over $5,000.

What kinds of claims can you bring?

Small Claims Court decides two kinds of claims: the payment of money, and the recovery of possession of personal property, each up to $50,000. Most claims are about money that is owed. The common ones:

Situation Typical claim Where to start
A client did not pay an invoice The invoice plus interest Unpaid invoice
A contractor took a deposit and stopped The deposit and the cost to finish Contractor deposit
A friend or relative will not repay a loan The balance of the loan Personal loan
A seller took payment and did not deliver The refund Paid, not delivered
Someone damaged your car or property Repair or replacement cost Property damage
Your job ended with the wrong pay Notice pay, unpaid wages, commissions Unpaid wages
A roommate left without paying Their share of rent and bills Roommate owes rent
A cheque bounced The cheque amount and bank fees Bounced cheque

Every situation page has what you must show, the documents that help, the route, and the deadline. There are twenty of them; the full list is at the end of this guide, under situations.

What can Small Claims Court not do?

Some disputes go to another forum. Filing in the wrong one costs months.

  • A residential tenancy. A dispute between a landlord and a tenant goes to the Landlord and Tenant Board under the Residential Tenancies Act, 2006, not Small Claims Court. A landlord can pursue a former tenant at the LTB with Form L10 within 1 year after the tenant moved out [VERIFY form and limit]. Read: LTB or Small Claims?
  • Minimum employment standards. Unpaid wages, vacation pay, and termination pay under the Employment Standards Act, 2000 go to the Ministry of Labour. An ESA claim bars a civil suit on the same matter. A wrongful-dismissal claim up to $50,000 can go to Small Claims Court. Read: wrongful dismissal under $50,000.
  • Condominium disputes about records, pets, parking, and nuisance go to the Condominium Authority Tribunal [VERIFY scope].
  • Human rights claims go to the Human Rights Tribunal of Ontario. Small Claims Court can award Human Rights Code damages only with another civil claim.
  • Family property between spouses is family law, not a money claim [VERIFY Family Law Act]. A clear loan to a former partner can still be a Small Claims claim. Read: loan to an ex-partner.
  • Orders to do or stop something. Small Claims Court awards money or the return of personal property. It does not grant injunctions [VERIFY].

When is Small Claims Court the right move, and when is it not?

Small Claims Court is the right move when four things are true. The claim is for money or personal property. The amount is $50,000 or less. You are inside the limitation period. And the defendant can pay a judgment.

That last test decides more cases than the law does. A judgment is an order to pay, not a payment. If the defendant has no job, no bank account, and no property, the judgment can sit unpaid for years. The free checker asks about the defendant's income and assets for this reason. Read: is it worth suing?

Before you file, try the cheaper steps:

  1. Send a dated demand letter. Many debts get paid at this step. Our tool writes one free: /demand-letter.
  2. Ask your card issuer for a chargeback if you paid by card.
  3. Check whether a regulator, a tribunal, or an ombudsman handles your dispute.
  4. Offer a payment plan in writing. A plan that gets paid beats a judgment that does not.

Do not wait too long. The 2-year clock runs while you send reminders.

Who can sue, and who can be sued?

A person, a corporation, a partnership, or a sole proprietor can sue and be sued. A person under 18 sues through a litigation guardian.

Name the defendant exactly. Sue a corporation by its registered name, and a sole proprietor by the person's name and the business name. A judgment against the wrong name is hard to enforce. Read: naming the right defendant.

You do not need a lawyer. You can represent yourself. A licensed paralegal can represent you in Small Claims Court. A friend or relative can help without a fee, in up to 3 matters a year [VERIFY]. Read: paralegal or lawyer?

How long do you have to sue in Ontario?

In most cases, 2 years from the day you discovered the claim. The ultimate limit is 15 years from the act or omission, whatever you knew. Discovery means the day you knew, or a reasonable person would have known, that you had a loss and who caused it.

Some claims have their own limits. Employment standards claims, LTB applications, and claims against some public bodies run on shorter clocks [VERIFY]. When in doubt, count from the earliest possible date. The deadline calculator counts the way the rules count. Read: the 2-year limitation period.

How does the court count days?

Exclude the first day and include the last. If the last day is a holiday, the deadline moves to the next day that is not a holiday. So a claim served on a Monday gives a Defence deadline 20 days later, and a Sunday deadline rolls to Monday.

Where do you file a Small Claims Court claim?

Start the action in the territorial division where the cause of action arose, or where any defendant lives or carries on business, or at the court's place of sitting nearest to a defendant. A territorial division is a county, a district, or a regional municipality, plus nine single-tier areas such as the City of Toronto and the City of Ottawa. The trial happens where the action started. The court can move it when the balance of convenience substantially favours another place.

How you file depends on the place:

Where Channel Rule
Toronto Ontario Courts Public Portal, then Case Center for hearing documents rr. 1.05.5, 1.05.6
Everywhere else Small Claims Court Submissions Online, or the counter r. 1.05.4
Any court, deadline 5 business days away or less Email, one searchable PDF per document [VERIFY email filing practice direction]

The land writ (Form 20D) cannot be filed online. Read: which court location? Or open your city: Toronto, Ottawa, Mississauga and Brampton, Hamilton, London, all locations.

How much does Small Claims Court cost?

Court fees are set by regulation and change with inflation on January 1, 2027. These are the 2026 fees, as stored from the consolidation of 2026-01-06:

Step Fee
File a Plaintiff's Claim (Form 7A) $108 ($228 for a frequent claimant)
File a Defence (Form 9A) $77
File a Defendant's Claim (Form 10A) $108
File a notice of motion $127
Request a default judgment $94 ($128 frequent)
Fix a trial or assessment date $308 ($403 frequent)
Summons to a witness $33
Certificate of judgment (Form 20A) $30
Writ of seizure and sale, writ of delivery, or notice of examination $68
Issue or renew a notice of garnishment (Form 20E) $144
Bailiff attempt, seizure and sale $38, or $64 with a sale

A frequent claimant has already filed 10 or more claims in the same court office that calendar year. A claim with no Defence costs $202 in court fees ($108 plus $94). A contested claim to trial costs $416 ($108 plus $308). Service and enforcement are extra.

If your income is low, you can ask for a fee waiver. Read: court fees and the fee waiver. For the total cost of a case and what you get back, read: how much does Small Claims Court cost? The fees and interest calculator does the math for your numbers.

What can you get back if you win?

The court can order the losing party to pay costs. Costs have a cap.

  • Court fees and reasonable disbursements, including service and the cost to prepare the claim, up to $200 for preparation.
  • A representation fee if you had a lawyer or paralegal at trial.
  • Up to $500 for inconvenience and expense if you represented yourself.
  • All costs other than disbursements are capped at 15% of the amount claimed, unless the court penalizes unreasonable conduct.
  • If you made an offer to settle at least 7 days before trial and the result beats it, up to double costs, plus up to $1,500 more for a self-represented party.

The 15% cap is why a full lawyer's retainer rarely fits a Small Claims case. It is also why this site sells the help in pieces: the prices.

Which forms does Small Claims Court use?

The court runs on numbered forms. The official PDFs are free at ontariocourtforms.on.ca. This site fills the common ones from your answers, also free.

Form What it does Rule Fill it
7A Plaintiff's Claim Starts the case r. 7.01 free · explained
1A Additional Parties Adds plaintiffs or defendants to a 7A or 10A r. 7 [VERIFY] with the 7A · explained
8A Affidavit of Service Proves you served a document r. 8.09.1(2) free · explained
9A Defence Answers the claim in 20 days r. 9.01 free · explained
10A Defendant's Claim The defendant claims back r. 10.01 free · explained
9B Request to Clerk Note in default, request a trial date, dispute payment terms rr. 11.01, 16.01, 9.03(3) free · explained
11B Default Judgment The judgment when there is no Defence, for a set amount r. 11.02 from your case · explained
13A List of Proposed Witnesses Filed 14 days before the settlement conference r. 13.03(2) from your case · explained
14A Offer to Settle Served, never filed r. 14.04 from your case · explained
20P Affidavit for Enforcement Request Supports every enforcement step rr. 20.04–20.10 from your case · explained
20A Certificate of Judgment Moves the judgment to another court area r. 20.04 from your case · explained
20E Notice of Garnishment Takes wages or a bank balance r. 20.08 from your case · explained
20C Writ of Seizure and Sale, personal property The bailiff seizes goods r. 20.06 from your case · explained
20D Writ of Seizure and Sale, land The sheriff registers against land r. 20.07 from your case · explained
20H Notice of Examination The debtor answers questions under oath r. 20.10 from your case · explained

Every form has its own page: every form, explained.

How does a Small Claims Court case work, step by step?

This is the whole path. Each step names the rule, the form, and the fee. The detailed version is how to sue someone in Ontario.

  1. Check the claim. The amount, the limitation date, the defendant's ability to pay. Free: /check.
  2. Send a demand letter. A clear amount and a date to pay. Free: /demand-letter. A lawyer's letter on letterhead is $249.
  3. Fill the Plaintiff's Claim (Form 7A). Attach every document you rely on, or say why you cannot. Free: /build/7a.
  4. File it and pay $108. The clerk issues the claim with a claim number.
  5. Serve each defendant within 6 months. Personal service, or an allowed alternative. Then file an Affidavit of Service (Form 8A). Free: /build/8a.
  6. Wait 20 days. The Defence (Form 9A) is due 20 days after service.
  7. No Defence? Ask the clerk to note the defendant in default (Form 9B). For a set amount, request a default judgment (Form 11B), $94.
  8. Defence filed? The court sets a settlement conference within 90 days. Serve and file your documents and Form 13A at least 14 days before.
  9. No settlement? Request a trial date (Form 9B), $308.
  10. Judgment. Then enforce it: examination, garnishment, or a writ. From your case: /claim/collect.

Your case record tracks every one of these clocks: /claim.

What are the deadlines in Small Claims Court?

Clock Time Rule
Start the claim 2 years from discovery Limitations Act, 2002, s. 4
Serve the claim after issue 6 months r. 8.01(2)
File a Defence after service 20 days r. 9.01
Issue a Defendant's Claim after the Defence 20 days, later with leave r. 10.01(2)
Plaintiff disputes proposed payment terms 20 days r. 9.03(3)
Settlement conference after the first Defence within 90 days r. 13.01(3)
Documents and Form 13A before the conference at least 14 days r. 13.03(2)
Offer to settle for costs consequences at least 7 days before trial r. 14.07
Change the hearing method (Form 1B) at least 30 days before r. 1.07
Object to the change (Form 1C) 7 days r. 1.07
Dismissal for delay 2nd anniversary of the claim r. 11.1.01
Writ of seizure and sale expires 6 years, renewable rr. 20.06, 20.07 (O. Reg. 222/25)
Garnishment expires 6 years, renewable r. 20.08

The clerk must dismiss an action on its second anniversary if no judgment step or trial date request was taken. This is the rule behind the 70,000 dismissals. Read: how long does Small Claims Court take?

What happens if the defendant does not respond?

If no Defence arrives within 20 days of service, you can ask the clerk to note the defendant in default. You need proof of service on file. For a debt or a liquidated demand, the clerk signs a default judgment (Form 11B). For an amount the court has to decide, you ask for an assessment, in writing or at a hearing. The defendant can move to set the judgment aside. The court looks for a real defence, a reasonable explanation, and a motion made as soon as reasonably possible. Read: default judgment.

What happens at the settlement conference?

Every defended action has a settlement conference. A judge meets both sides, hears each summary, and tries to settle the case or narrow the issues. Parties and representatives must take part and must have authority to settle. Most conferences are by video. What you say about an unaccepted offer never reaches the trial judge. Read: what happens at a settlement conference and how to prepare.

What happens at trial?

Trials are mostly in person. A party can ask to change the hearing method with Form 1B, at least 30 days before; the other side can object within 7 days with Form 1C. The court can hold a trial management conference first. Each side tells its story, calls witnesses, and shows documents. A summons to a witness costs $33. The judge decides who owes what, plus interest and costs. Read: what to bring to trial.

How do you collect after you win?

A judgment is an order to pay. The court does not collect it.

  • Find the money. A Notice of Examination (Form 20H) brings the debtor to court to answer questions under oath. The debtor completes a financial information form (20I). Fee: $68.
  • Garnish wages or a bank account. A Notice of Garnishment (Form 20E), one debtor and one garnishee per notice. Wages are capped at 20% of net pay. Fee: $144.
  • Seize goods. A writ of seizure and sale of personal property (Form 20C) goes to the bailiff. Fee: $68, plus bailiff attempts.
  • Register against land. A writ of seizure and sale of land (Form 20D) goes to the sheriff. Fee: $68.
  • Move the judgment. A certificate of judgment (Form 20A) lets you enforce in another court area. Fee: $30.

Every step starts with an Affidavit for Enforcement Request (Form 20P). Writs and garnishments last 6 years and can be renewed. Read: how to collect a judgment. Mithril Law collects some judgments on contingency, maximum 25%: we collect your judgment.

Served with a Small Claims Court claim?

You have 20 days from service to file a Defence (Form 9A). The fee is $77. You can dispute all of it, dispute part of it, or admit it and propose payment terms. If the plaintiff owes you something, a Defendant's Claim (Form 10A) is due within 20 days after your Defence. Do nothing and the plaintiff can get judgment against you without a hearing. Read: served: what to do. Fill the Defence free: /build/9a.

Can you claim interest?

Yes. Prejudgment interest runs from the day the cause of action arose to the judgment. Postjudgment interest runs from the judgment until payment. For 2026, the rates are 2.5% prejudgment and 4.0% postjudgment. A contract that sets its own rate displaces the statutory rate. Read: interest.

Do you need a lawyer for Small Claims Court?

No. Most parties represent themselves. Licensed paralegals can appear in Small Claims Court; lawyers can too. The 15% costs cap means a winner recovers only part of a representation fee. That is why help comes in pieces here. The forms, the checker, the demand letter, the calculators, and your case record are free. Software packages are $49 to $129: the Filing Package, the Settlement Conference Package, the Defence Package. A licensed lawyer, when you want one: a demand letter on letterhead for $249, a check of your documents from $199, a 20-minute call for $149, filing done for you for $499, or full representation from $1,500 by stage. All prices are on one page: /pricing.

Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer. The free tools give legal information, not legal advice.

Which mistakes sink Small Claims cases?

  • Waiting. The 2-year clock and the 2-year dismissal rule both run while you hope.
  • The wrong name. A judgment against "Joe's Renovations" when the contract was with a numbered company. Read: naming the right defendant.
  • Bad service. A claim left in a mailbox is not personal service. Read: how to serve someone in Ontario.
  • No documents attached. The rule says attach what you rely on.
  • Suing someone with nothing. Check collectability first: /check.
  • Missing the 14-day disclosure. Documents and Form 13A go in before the conference.
  • Skipping the offer. An offer to settle can double your costs recovery. Read: offers to settle.
  • Stopping at judgment. Collection is your work. Read: enforcement tools.

Which situation is yours?

Questions people ask

What is the maximum amount for Small Claims Court in Ontario?

$50,000, not counting interest and costs (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1, as amended by O. Reg. 42/25). The limit rose from $35,000 on October 1, 2025. You cannot split one claim into two to fit under it (rule 6.02). A larger claim goes to the Superior Court of Justice.

How much does it cost to file a Small Claims Court claim in Ontario?

$108 to file a Plaintiff's Claim, or $228 for a frequent claimant with 10 or more claims in the same office that year (O. Reg. 332/16, as stored 2026-01-06). A Defence is $77. A trial date is $308. A default judgment request is $94. Fees change on January 1, 2027. A fee waiver exists for low incomes (O. Reg. 2/05).

How long do I have to sue someone in Ontario?

In most cases, 2 years from the day you discovered the claim (Limitations Act, 2002, s. 4 and s. 5). The ultimate limit is 15 years (s. 15). Some claims have shorter limits under their own statutes. Count from the earliest date that fits, and use the deadline calculator.

How long does Small Claims Court take in Ontario?

The rules fix some clocks: 6 months to serve, 20 days to defend, a settlement conference within 90 days after the first Defence (rules 8.01(2), 9.01, 13.01(3)). An undefended claim can reach default judgment in about 2 months. A defended claim that goes to trial takes longer; practitioner estimates run 12 to 18 months [VERIFY]. The action is dismissed at its second anniversary if it has not moved (rule 11.1.01).

Do I need a lawyer for Small Claims Court in Ontario?

No. You can represent yourself, and licensed paralegals can appear in Small Claims Court (Law Society Act s. 26.1; By-Law 4). Costs recovery for representation is capped at 15% of the amount claimed (Courts of Justice Act s. 29), so many people use unbundled help: a document check, a call, or a demand letter on letterhead.

What happens if I win in Small Claims Court and they do not pay?

You enforce the judgment yourself (rule 20). A Notice of Examination (Form 20H) finds the assets. A Notice of Garnishment (Form 20E) takes wages, capped at 20% of net pay (Wages Act s. 7(2)), or a bank balance. A writ of seizure and sale (Forms 20C, 20D) reaches goods or land. Each step starts with Form 20P.

Can I sue my landlord or tenant in Small Claims Court?

Usually not. A residential tenancy dispute goes to the Landlord and Tenant Board under the Residential Tenancies Act, 2006. A landlord's claim against a former tenant goes to the LTB on Form L10 within 1 year after move-out [VERIFY]. Small Claims Court applies to commercial leases and to living arrangements the Act does not cover.

Can I sue for unpaid wages in Small Claims Court?

It depends on the claim. Minimum standards such as unpaid wages, vacation pay, and termination pay go to the Ministry of Labour under the Employment Standards Act, 2000, and an ESA claim bars a civil suit on the same matter (ESA s. 97). A wrongful-dismissal claim for common-law notice up to $50,000 can go to Small Claims Court.

Do I have to send a demand letter before Small Claims Court?

The rules do not require one. A dated demand letter is still the right first step: it sets the amount and the date, it often gets paid, and it shows the court that you tried. Our tool writes one free. A lawyer's letter on Mithril Law letterhead is $249.

How do I serve someone with a Small Claims Court claim?

Personal service: hand a copy to the person, or leave it with an officer, director, or person in control at a corporation's place of business (rule 8.02). After a failed personal attempt, you can leave it with an adult at the residence and mail or courier a copy the same or the next day (rule 8.03(2)). Serve within 6 months of issue (rule 8.01(2)) and prove it with Form 8A (rule 8.09.1(2)).

What is a settlement conference in Small Claims Court?

A meeting with a judge in every defended action (rule 13.01(1)), held within 90 days after the first Defence (rule 13.01(3)). The judge hears both sides, tries to settle the case, and narrows the issues for trial. You must serve and file your documents and a witness list (Form 13A) at least 14 days before (rule 13.03(2)).

Can I get my costs back in Small Claims Court?

Partly. A successful party can recover court fees and reasonable disbursements, with claim-preparation costs capped at $200 (rule 19.01), a representation fee (rule 19.04), or up to $500 for a self-represented party (rule 19.05). Costs other than disbursements cannot exceed 15% of the amount claimed (Courts of Justice Act s. 29).

What is the interest rate in Small Claims Court in Ontario?

For 2026, prejudgment interest is 2.5% and postjudgment interest is 4.0% (Courts of Justice Act ss. 128, 129; ontario.ca rates page). Prejudgment interest runs from the day the cause of action arose to the judgment. A contract rate displaces the statutory rate.

Can I appeal a Small Claims Court judgment?

Yes, to the Divisional Court, when the amount in dispute is more than $5,000 (Courts of Justice Act s. 31; O. Reg. 626/00 s. 2). Below that, there is no appeal, but a default judgment can be set aside on a motion (rule 11.06).

Which court do I file in?

The territorial division where the cause of action arose, where any defendant lives or carries on business, or the court's place of sitting nearest to a defendant (rule 6.01). Toronto files through the Ontario Courts Public Portal (rule 1.05.5); other locations use Small Claims Court Submissions Online (rule 1.05.4).

Can I sue someone who lives outside Ontario?

Sometimes. If the cause of action arose in Ontario or a defendant carries on business here, venue can be Ontario (rule 6.01). Service outside Ontario and enforcement in another province add steps. Read the guide on suing someone outside Ontario before you file.

When to get a lawyer

Get legal advice if the claim is near $50,000, the facts are in dispute, the other side has a lawyer, or the limitation date is close. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

Primary sources

Items marked [VERIFY] have not yet been checked against the current e-Laws consolidation.