Small Claims Court is built for people, not lawyers.
Whether you're owed money or you've been sued, Ontario's Small Claims Court now covers up to $50,000 — and you can do it yourself. Here's how it works and what the deadlines are.
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In 30 seconds, here's what's true
- Since October 1, 2025, Ontario's Small Claims Court handles claims up to $50,000 (not counting interest and costs). The old $35,000 limit is out of date — the cap is per plaintiff.
- You don't need a lawyer. You can represent yourself, or use a licensed paralegal or a law student. It's designed to be the 'people's court.'
- If you've been sued, do not ignore it. File a Defence (Form 9A) within 20 days or you risk a default judgment against you for the full amount.
- There's usually a two-year deadline to sue from when you knew about the problem. Wait too long and you can lose the right to claim at all.
- Winning isn't the same as getting paid. If you win, you still have to enforce the judgment — through things like garnishing wages or a bank account.
How the process works
Decide if Small Claims Court fits
It's for money or property claims up to $50,000 — unpaid debts, invoices, damage, or money owed back. If your claim is larger, you can still sue here by giving up the excess.
File your claim (or your defence)
Suing? File a Plaintiff's Claim (Form 7A) online or at the court and pay the filing fee. Sued? File a Defence (Form 9A) within 20 days — don't let the clock run out.
Serve the other side
After filing a claim you must serve the defendant — someone other than you does it — and file proof of service. The defendant then has 20 days to respond.
Go to the settlement conference
Before trial there's a mandatory settlement conference with a judge. Many cases settle here. Bring your documents and be ready to explain your side.
Trial, then enforcement
If it doesn't settle, a deputy judge decides at trial. If you win, you may still need to enforce the judgment to actually collect. Start a free PLAIN session to plan your steps.
What to do next
- Confirm your claim is for money or property up to $50,000.
- Gather your contract, invoices, messages, and receipts.
- Check the two-year deadline from when you knew about the claim.
- File Form 7A to sue, or Form 9A within 20 days if you're sued.
- Arrange for someone else to serve the documents and file proof.
- Prepare for the mandatory settlement conference.
- Plan how you'd enforce a judgment if you win.
- Start a free PLAIN session to organize your case.
Common myths
| Myth | Reality |
|---|---|
| I need a lawyer for Small Claims Court. | You don't. You can represent yourself, or use a paralegal or law student. The court is built for self-represented people. |
| If I ignore the lawsuit, it'll just go away. | The opposite. Ignore it and the other side can get a default judgment against you for the whole amount. |
| Winning means I automatically get paid. | No. A judgment is just the court saying you're owed. You may still have to enforce it — garnish wages, a bank account, or seize assets. |
| The limit is $35,000. | Not anymore. Since October 1, 2025 the Small Claims limit is $50,000, not counting interest and costs. |
| If my claim is over $50,000 I can't use Small Claims Court. | You can — if you give up the part above $50,000. Many people do this to keep things fast and cheap. |
| I can serve the court papers myself. | You can't serve your own claim. Someone else who is at least 18 has to do it, and you file proof of service. |
| There's no time limit to sue. | There usually is — two years from when you knew about the problem, under the Limitations Act. |
| The loser always pays all my legal costs. | Costs are usually capped at around 15% of the claim, with some exceptions. You won't necessarily recover everything. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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