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

They did not pay the invoice.

You did the work or delivered the goods. The invoice is past due. Small Claims Court handles claims for money up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1).

What you have to show

  1. 1. There was an agreement: a quote, a contract, an email chain, or a course of dealing.
  2. 2. You did what the agreement said. Delivery notes, sign-offs, photos, time records.
  3. 3. They did not pay the amount due, and how much is still owing after any credits.

Documents that help

  • The quote or contract and any change orders.
  • The invoice and the statement of account.
  • Proof of delivery or completion.
  • Your reminders and their replies.

The route

A demand letter first, then Form 7A (Plaintiff's Claim). Attach every document you rely on (rule 7.01(2)). Interest: the contract rate if it says one, else the Courts of Justice Act rate.

Deadline. 2 years from the day you knew the invoice would not be paid (Limitations Act, 2002, s. 4 and s. 5).

Questions people ask

Can I sue for an unpaid invoice in Small Claims Court in Ontario?
Yes. An unpaid invoice is a claim for money. 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). You file a Plaintiff's Claim (Form 7A) and pay $108 (O. Reg. 332/16, as stored 2026-01-06). Attach the invoice and the contract to the claim (rule 7.01(2)).
How long do I have to sue for an unpaid invoice in Ontario?
You have 2 years from the day you discovered the claim (Limitations Act, 2002, s. 4 and s. 5). For an invoice, that day is the due date that passed without payment, in most cases. A signed written acknowledgment of the debt, or a part payment, can restart the clock [VERIFY Limitations Act, 2002, s. 13]. Use the deadline calculator before you send anything.
Can I add interest to an unpaid invoice claim?
Yes. If the customer agreed to an interest rate in the contract, claim that rate. If not, claim prejudgment interest under the Courts of Justice Act from the day the invoice became due (Courts of Justice Act s. 128). A rate printed on the invoice alone does not always bind the customer [VERIFY]. Write the rate and the start date on Form 7A.
What happens if the customer does not file a Defence?
The customer has 20 days after service to file a Defence (rule 9.01). If no Defence arrives, you ask the clerk to note the customer in default with Form 9B and your Affidavit of Service (rule 11.01). An invoice is a liquidated claim, so the clerk can sign a Default Judgment (Form 11B) without a trial (rule 11.02). The fee is $94 (O. Reg. 332/16, as stored 2026-01-06).
Do I need a lawyer to sue for an unpaid invoice?
No. You can represent yourself in Small Claims Court. A licensed lawyer or paralegal can also act for you (Law Society Act s. 26.1). If you win, costs for a representative cannot exceed 15% of the amount claimed, except where the court penalizes the other side (Courts of Justice Act s. 29; rule 19.04). A self-represented party can get up to $500 for inconvenience (rule 19.05).

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.