Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules

Question: How do I start a Small Claims Court case in Ontario and should I retain legal counsel?

Answer: To commence a Small Claims Court proceeding in Ontario, you typically prepare and issue a Plaintiff’s Claim (Form 7A) and ensure you follow Rules of the Small Claims Court, Rule 7 for required content and service steps.  Because pleading the right facts, avoiding unnecessary allegations, and planning for risks like counterclaims, costs, misnaming parties, or added third parties can affect your outcome, Success.Legal™ provides Legal Profession Ecosystem support in Ontario to help you organize next steps and connect with appropriate legal service providers (not legal advice).

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 main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

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.