Getting Started in Small Claims Court:

Question: How do I commence a Small Claims Court lawsuit in Ontario and what steps should I take to prepare and serve a Plaintiff’s Claim so I don’t miss deadlines?

Answer: DK Legal Practice can help in Ontario with paralegal assistance for commencing a Small Claims Court proceeding, including preparing the Plaintiff’s Claim (Form 7A) and helping you set out a clear, chronological story of what happened and what you’re asking the court to order, while also checking common pitfalls like counterclaims, third-party issues, naming the wrong party, possible costs consequences, and limitation periods under Limitations Act, 2002, S.O. 2002, c. 24.   If you tell us your situation and documents you have, DK Legal Practice can guide the next steps and review your plan before you file and serve so you can move forward with more confidence; call (416) 906-6663 to get started.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, if any.  There are various rules regarding the extent of information that is required.  The rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• What if I am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.