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

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than 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.