Make ThemPay.

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

The relationship ended. The loan did not.

Money you lent to a former partner or spouse is a debt if it was a loan and not a gift. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). Property division between married spouses is family law under the Family Law Act, not a Small Claims Court claim [VERIFY Family Law Act, Part I]. A clear loan with repayment evidence is different: it is a money claim.

Check your claim, free Write the demand letter

What you have to show

  1. 1. Money went from you to them: transfers, cheques, or a bank record.
  2. 2. It was a loan, not a gift: messages about repayment, a date, or a part payment.
  3. 3. Demand was made and not met, and the balance still owing.

Documents that help

  • • E-transfer records and bank statements.
  • • Texts or emails that mention paying the money back.
  • • Any signed note, IOU, or witness to the loan.
  • • A ledger of each advance and each repayment.

The route

Check the forum first. If you are married, or were, and the money is tied to shared property, get family law advice before you file [VERIFY Family Law Act]. If it is a clear loan, send a demand letter with one date. Then file a Plaintiff's Claim (Form 7A) with the transfer records and the messages attached (rule 7.01(2)) and pay $108 (O. Reg. 332/16, as stored 2026-01-06).

Deadline. 2 years from the repayment date, or from the day you demanded payment and did not get it (Limitations Act, 2002, s. 4 and s. 5) [VERIFY s. 5(3) for demand loans].

From here to paid

DemandA letter with a date, free. A lawyer's letter on letterhead, $249.ClaimForm 7A filled from your answers, free. Filing Package $49. Filed for you $499.TrackService, defence, default, conference, trial: one dashboard, every deadline counted.CollectGarnishment and writs filled from the judgment. Or hand it off on contingency.

Questions people ask

Can I sue my ex for money I lent them?
Yes, if it was a loan. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The hard part is proof: a gift is not repayable, and a former partner often says the money was a gift. Messages about repayment, a due date, or a part payment show a loan. Keep the whole thread.
Is it a loan or a gift?
The court looks at what both of you said and did at the time. Words like 'pay me back', a repayment date, or a part payment point to a loan. Money for shared living costs with no talk of repayment looks like a gift or a shared expense [VERIFY]. Between spouses, a presumption can apply to some transfers [VERIFY Family Law Act s. 14]. Get advice if you have little evidence.
Does this go to family court or Small Claims Court?
For married spouses, the division of property on separation is under the Family Law Act in family court, not Small Claims Court [VERIFY Family Law Act, Part I]. Unmarried partners have no property division under that Act, but can bring property claims in the Superior Court of Justice [VERIFY]. A separate, clear loan is a money claim, and Small Claims Court hears it up to $50,000 (Courts of Justice Act s. 23).
When does the limitation period start for a loan to an ex?
If the loan had a due date, the 2-year clock starts when the date passed (Limitations Act, 2002, s. 4 and s. 5). If it was payable on demand, the clock starts when you demanded payment and did not get it [VERIFY Limitations Act, 2002, s. 5(3)]. Make the demand in writing, with a date. A signed acknowledgment of the debt can restart the clock [VERIFY Limitations Act, 2002, s. 13].
Can I garnish the wages of my ex after I get a judgment?
Yes. After judgment, a Notice of Garnishment (Form 20E) can go to the employer (rule 20.08). Wages are protected in part: at most 20% of net wages can be garnished (Wages Act s. 7(2)). The fee to issue a garnishment is $144 (O. Reg. 332/16, as stored 2026-01-06). A bank account can also be garnished, at the branch where the account is held (rule 20.08).

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.