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

You lent the money. They stopped answering.

A loan is a contract even between friends. Small Claims Court can order repayment up to $50,000. The hard part is usually proof that it was a loan and not a gift.

What you have to show

  1. 1. Money went from you to them: transfers, cheques, cash with a receipt.
  2. 2. It was a loan: any message that mentions paying back, a repayment date, or interest.
  3. 3. Demand was made and not met.

Documents that help

  • E-transfer records and bank statements.
  • Texts or emails about repayment.
  • Any IOU, note, or witness to the deal.

The route

A demand letter that sets a date. Then Form 7A. If part was repaid, claim the balance and show the ledger.

Deadline. 2 years from the day repayment was due, or from the day they made clear they would not pay (Limitations Act, 2002, s. 4 and s. 5). For loans with no fixed date, get advice on when the clock started.

Questions people ask

Can I sue a friend or family member for a loan in Ontario?
Yes. A loan is a contract, even between friends or family. Small Claims Court can order repayment of a loan up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The main question at trial is whether the money was a loan or a gift. Texts, e-transfers, and part payments are your proof. Keep the whole message thread.
How do I prove the money was a loan and not a gift?
Show the transfer and any words about repayment. A text that says 'I will pay you back' helps. A repayment date, an interest term, or a part payment all point to a loan. A witness to the agreement helps. A part payment or a signed acknowledgment can also restart the limitation clock [VERIFY Limitations Act, 2002, s. 13]. The court weighs the evidence; nothing here is automatic. Keep every message.
When does the 2-year limitation period start for a personal loan?
For a loan with a due date, the clock starts when the borrower missed the date, in most cases (Limitations Act, 2002, s. 4 and s. 5). For a loan payable on demand, the clock starts when you demanded payment and did not get it [VERIFY Limitations Act, 2002, s. 5(3)]. A signed written acknowledgment or a part payment can restart the clock [VERIFY Limitations Act, 2002, s. 13].
What if the borrower has no money to repay the loan?
A judgment is an order to pay, not a payment. If the borrower has a job, you can garnish up to 20% of their net wages (Wages Act s. 7(2); rule 20.08). If they have no income and no assets, a judgment can bring you nothing for now. The free checker asks these questions before you spend $108 on the claim fee (O. Reg. 332/16, as stored 2026-01-06).

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.