How to sue someone in Ontario Small Claims Court (2026)
By Misbah Shajjan, Licensed Paralegal. Updated November 1, 2026.
To sue in Ontario Small Claims Court you send a demand letter, file a Plaintiff’s Claim (Form 7A) in the court office for the area where the dispute happened or the defendant lives, serve it, attend a settlement conference, and go to trial if the case doesn’t settle. Claims can be up to $50,000 and usually must start within two years.
Check that Small Claims Court is the right place
Small Claims Court hears claims for money or the return of personal property worth up to $50,000, not counting interest and costs. The limit rose from $35,000 on October 1, 2025.
It does not hear claims about a current residential tenancy (that is the Landlord and Tenant Board), family law, or claims against the government that have special notice rules.
Check your deadline
Under the Limitations Act, 2002, most claims must be started within two years of the day you knew, or should have known, that you suffered a loss caused by the other party. Missing it usually ends the claim for good.
The steps
- 1
Send a demand letter
State what is owed, why, and a deadline to pay. It shows the court you tried to resolve it and often gets results on its own.
- 2
Name the right defendant
Sue the person or company that owes you. For a business, search the corporate registry for its exact legal name.
- 3
File the Plaintiff’s Claim (Form 7A)
File online or at the court office. The fee for an infrequent claimant is $108.
- 4
Serve the claim
Serve each defendant within six months. Keep proof with an affidavit of service.
- 5
Wait for a defence
The defendant has 20 days after service to file a defence. If they don’t, you can ask for default judgment.
- 6
Settlement conference
A deputy judge meets both sides to narrow the issues and encourage settlement. Bring all your documents.
- 7
Trial
If it doesn’t settle, a deputy judge hears the evidence and decides.
- 8
Enforce the judgment
If the debtor doesn’t pay, you can garnish wages or bank accounts, file a writ against property, or hold an examination hearing.
Evidence that wins small claims cases
- The contract, quote, invoice or messages showing what was agreed
- Proof of payment: e-transfers, bank statements, receipts
- Dated photos and videos
- Messages where the other side admits the debt or the problem
- Quotes or invoices showing what it cost to fix or finish the work
What it costs
Court fees start at $108 to file a claim. If you hire us, full representation from the demand letter through trial is one flat fee of $2,500 plus HST. If you win, the court can order the other side to pay part of your representation costs, usually up to 15% of the amount claimed, plus your court fees.
Questions
Can I sue for more than $50,000 in Small Claims Court?
No. You can give up the amount over $50,000 to stay in Small Claims Court, or sue in the Superior Court of Justice for the full amount.
Where do I file a small claim in Toronto?
Toronto Small Claims Court is at 47 Sheppard Avenue East in North York. Claims can also be filed online.
Do I need a lawyer for Small Claims Court?
No. You can represent yourself, or hire a licensed paralegal or lawyer. Paralegals are authorized to handle Small Claims cases from start to finish.
Need help with this? See our Small Claims Court service.
This guide is general information, not legal advice about your situation.