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

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible 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 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 people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if I am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

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.