Bigger claims, bigger rules, bigger stakes.
If your claim is over $50,000, it goes to the Superior Court — not Small Claims. The process is more formal, the deadlines are strict, and losing can mean paying the other side's costs. Here's what to know.
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In 30 seconds, here's what's true
- Money claims up to $50,000 go to Small Claims Court. Claims over $50,000 go to the Superior Court of Justice — a more formal process with higher fees and higher stakes.
- Claims over $50,000 and up to $200,000 usually must use 'Simplified Procedure' (Rule 76) — a streamlined track with limited discovery, shorter trials, and generally no jury.
- If you're sued, you must defend in time: 20 days if served in Ontario, 40 days elsewhere in Canada or the US, 60 days outside. Miss it and the other side can get default judgment.
- There's usually a two-year deadline to sue from when you knew about the problem, with an ultimate 15-year cap under the Limitations Act.
- Unlike Small Claims, losing in Superior Court often means paying a real portion of the winner's legal costs — sometimes tens of thousands of dollars on top of the judgment.
How the process works
Figure out where your claim belongs
Up to $50,000 is Small Claims. Over $50,000 to $200,000 is usually Simplified Procedure in the Superior Court. Over $200,000 is the ordinary Superior Court process.
Mind the limitation period
You generally have two years from when you knew about the claim to start it. Wait too long and you can lose the right to sue at all.
Start or respond to the claim
Suing means issuing and serving a Statement of Claim. If you're sued, file a Statement of Defence in time — 20 days in Ontario — or risk default judgment against you.
Expect mediation and a pre-trial
Many cases go through mandatory mediation (in Toronto, Ottawa, and Windsor) and a pre-trial conference before trial. A lot settle along the way.
Get a lawyer and weigh the cost risk
Superior Court is complex and the cost consequences are real — strongly consider a lawyer. Start a free PLAIN session to understand your situation and find help.
What to do next
- Confirm whether your claim is over the $50,000 Small Claims limit.
- Identify the right track: Simplified Procedure or ordinary.
- Check the two-year limitation deadline.
- Gather contracts, invoices, and all documents.
- If sued, calendar your 20-day deadline to defend.
- Prepare for mandatory mediation and a pre-trial.
- Weigh the cost risk and strongly consider a lawyer.
- Start a free PLAIN session to plan your next step.
Common myths
| Myth | Reality |
|---|---|
| All lawsuits are basically the same. | No. The court, procedure, and cost risk change sharply depending on how much you're claiming. |
| I can bring any size claim in Small Claims Court. | The Small Claims limit is $50,000. Above that, you're in the Superior Court. |
| If I lose, I just pay the judgment and nothing else. | In Superior Court, the loser usually pays a portion of the winner's legal costs too — which can be substantial. |
| I don't need a lawyer for a $150,000 claim. | Superior Court is complex with real cost exposure. Representation is strongly recommended. |
| There's no deadline to sue. | There usually is — two years from when you knew about the claim, with a 15-year ultimate limit. |
| Simplified Procedure means it's quick and easy. | It's streamlined, but it's still formal litigation with strict steps and deadlines. |
| A jury will hear my Simplified Procedure case. | Generally there's no jury under Simplified Procedure, apart from a few narrow exceptions. |
| Suing in Superior Court for a small amount gets me more. | If you recover an amount within Small Claims range, the court may award you no costs at all. |
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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