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

You delivered. The client did not pay.

A freelancer's unpaid invoice is a debt. Small Claims Court hears money claims up to $50,000, not counting interest and costs (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). Sue the legal entity of the client, not its brand name. Claim interest at the contract rate or the Courts of Justice Act rate (Courts of Justice Act s. 128).

What you have to show

  1. 1. The agreement: the proposal, the statement of work, the emails, or the platform terms.
  2. 2. Delivery: the files, the sign-off, the time records, or the published work.
  3. 3. The unpaid amount after any credits, and the invoice due date.

Documents that help

  • The proposal, contract, or statement of work.
  • The invoice and any reminders you sent.
  • Proof of delivery: sent files, approvals, or time logs.
  • Messages where the client accepted the work or promised payment.

The route

Send a demand letter with the invoice attached and one date to pay. Confirm the exact legal name of the client in the Ontario Business Registry. Then file a Plaintiff's Claim (Form 7A) with the contract, the invoice, and the delivery proof attached (rule 7.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06). If no Defence comes in 20 days, the clerk can sign a Default Judgment for a set amount (rules 9.01, 11.02).

Deadline. 2 years from the invoice due date that passed without payment, in most cases (Limitations Act, 2002, s. 4 and s. 5).

Questions people ask

Can a freelancer sue a client in Small Claims Court in Ontario?
Yes. An unpaid invoice for work you delivered is a money claim. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). A sole proprietor sues in their own name, with the business name added. File a Plaintiff's Claim (Form 7A) and pay $108 (O. Reg. 332/16, as stored 2026-01-06).
Can I sue a client in another province or country?
You can file in Ontario if the work was done here, or the client carries on business here [VERIFY rule 6.01 and the jurisdiction rules]. Service outside Ontario follows the same rules, but takes longer and costs more. A judgment against a client in another province must be registered there before you can enforce it [VERIFY]. Read the guide on suing someone outside Ontario before you file.
Can I charge interest on a late invoice?
Yes. If the client agreed to a late-payment rate in the contract, claim that rate. If not, claim prejudgment interest under the Courts of Justice Act from the invoice due date (Courts of Justice Act s. 128). A rate that appears only on the invoice does not always bind the client [VERIFY]. Write the rate and the start date on Form 7A.
What if the client says the work was not good enough?
Then the client can file a Defence within 20 days (rule 9.01), and the case goes to a settlement conference (rule 13.01(1)). Your proof is the sign-off, the delivery records, and any messages where the client accepted the work. If the client raises a claim against you, it comes as a Defendant's Claim (Form 10A) (rule 10.01). Keep every draft and every approval.
Am I an employee or a contractor, and does it matter?
It can matter. If you were an employee in fact, an Employment Standards Act claim to the Ministry of Labour can apply. An ESA claim bars a civil suit on the same matter (Employment Standards Act, 2000, s. 97). A true contractor claims in Small Claims Court for the contract price. Get advice if the client controlled your hours, your tools, and your pay like an employer.

Other situations

Legal information, not legal advice. Rules cited are from the Rules of the Small Claims Court, O. Reg. 258/98, and the Limitations Act, 2002. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.