Getting Started in Small Claims Court:

Question: How do I commence a Small Claims Court case in Ontario and what should I do before I retain a paralegal to help me complete and file the Plaintiff’s Claim (Form 7A)?

Answer: ?

Answer: To commence a Small Claims Court proceeding in Ontario, you generally prepare and issue the Plaintiff’s Claim (Form 7A) and ensure your claim facts, amounts, and parties are stated correctly before filing, because the Small Claims Court rules on commencing a proceeding require specific information and can affect next steps like counterclaims and costs.   Before you start, it helps to review Rule 7 of the Rules of the Small Claims Court, and to consider common risks such as naming the wrong party, dealing with possible counterclaims or third parties, and understanding what you must prove.   If you want a clear, risk-aware plan for drafting and filing, White Owl Legal can help Ontario plaintiffs and defendants decide what to include in the story, how to complete Form 7A accurately, and what to do next if the case becomes more complicated, call (289) 839-3075 to get started.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  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 many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.