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Small Claims Court Limit
Involves Net From Set-Off Upon Sum Assessed
Last Updated: June 12 2026
Question: In Ontario Small Claims Court, is a set-off calculated from the damages assessed above the $35,000 limit, or from the court limit amount?
Answer: In Ontario Small Claims Court, the judge can assess damages above the monetary cap, and any set-off is applied to the assessed amount, but the net judgment granted must still stay within the court’s $35,000 limit; Vescio Legal Services provides Paralegal services across Ontario to help you plead the right numbers, defend or advance set-off arguments, and pursue the fastest practical path to a collectible result consistent with 2146100 Ontario Ltd. v. 2052750 Ontario Inc., 2013 ONSC 2483. For help with your claim or defence, call (416) 400-8255 to discuss your Small Claims Court strategy and next steps.
Is the Set-Off Amount In a Small Claims Court Case Calculated From the Capped Court Limit?
If a Sum Is Assessed That Exceeds the Maximum Amount Allowed By the Small Claims Court, Any Set-Off Will Be taken From the Assessed Amount Rather Than Court Award Limit; However, the Total Amount Awarded Must Remain Within the Court Award Limit.
Understanding the Small Claims Court Jurisdiction to Award Judgment As Net Set-Off Despite An Above Limit Assessment
In the Small Claims Court, the amount that can be awarded as a Judgment is limited to $35,000, excluding legal costs or interest. This limit is separate from the amount that may be assessed. Additionally, when a set-off amount is applicable, it is calculated from the assessed amount rather than from the cap upon the court award.
The Law
The 2146100 Ontario Ltd. v. 2052750 Ontario Inc., 2013 ONSC 2483, case confirms the point that the Small Claims Court may assess any sum of damages and may apply from that assessed sum, rather than apply from the monetary jurisdiction cap, an applicable set-off sum so long as the a net Judgment award remains within the court award limit. This basis for applying a set-off was confirmed whereas it was said:
[17] In terms of the case at bar, the respondents expressly set out in their defendants' claim that they were owed over $42,000 from the appellants. They limited their ultimate recovery, however, to $25,000. Whether that limit is arrived at through set-off or abandonment of any sum over and above the monetary jurisdiction of the court is immaterial in my view: see Dunbar v. Helicon Properties Ltd., 2006 CanLII 25262 (ON SCDC), [2006] O.J. No. 2992, 2006 CarswellOnt 4580, 213 O.A.C. 296 (Div. Ct.).
[18] The respondents claimed a judgment of $25,000. They were awarded a judgment of $21,538.85. In my view, the process amounted to nothing more than the trial judge starting at $42,633 and making deductions for amounts owed to the plaintiff, to arrive at a net figure within the monetary jurisdiction of the court. This process is logically no different than assessing the value of a contract at $50,000, determining that $30,000 had been paid under the contract, leaving a balance owing of $20,000. There could be no doubt, in those circumstances, that the deputy judge had the jurisdiction to make a finding that the initial value of the contract was an amount in excess of the monetary limit of the court. But at the end of the day, it is the net judgment that matters. Here, the amount awarded was within the monetary jurisdiction of the Small Claims Court and did not exceed the amount claimed in the defendants' claim.
As occurred in the 2146100 case, the Judge assessed just over $42,000 on a Defendant's Claim as a counterclaim that was brought against the Plaintiff by the Defendant. The Judge then went on to assess slightly more than $21,000 as due from the Defendant to the Plaintiff. When determining the net Judgment award due, the Judge used the $42,000 assessed amount and applied the $21,000 set-off amount. Subsequently, upon Appeal, it was argued that the set-off should be calculated from the court jurisdiction limit rather than the assessed amount. The Divisional Court disagreed with the argument and upheld the Judgment from Trial.
Summary Comment
The monetary jurisdiction limit of the Small Claims Court applies to the amount which the court may issue as a Judgment award rather than as a limit to an amount that the court may assess. This becomes important in cases where a set-off calculation is involved whereas the set-off sum is taken away from the assessed sum rather than taken away from the Small Claims Court limit.
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