Getting Started in Small Claims Court:

Question:What should I file to start a Small Claims Court lawsuit in Ontario, and how do I decide what to include in the claim story?

Answer:Vescio Legal Services can help you start a Small Claims Court case in Ontario by preparing and reviewing your Plaintiff’s Claim (Form 7A), aligning your facts with what Rule 7 of the Rules of the Small Claims Court requires, and outlining what to include or leave out to reduce avoidable problems like name errors, counterclaims, third party claims, and cost exposure if you lose.  If you want help getting it right before you file, call (416) 400-8255 for a 15-minute paralegal intake and get a clear next-steps plan for your Ontario Small Claims matter.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Note: Please contact Vescio Legal Services by phone at: (416) 400-8255 to discuss any specific questions that you may have.

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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.