Small Claims Court in Ontario: A Step-by-Step Guide

Why Small Claims Court matters

Small Claims Court is Ontario's most accessible civil court. With a $50,000 jurisdictional limit, simplified procedure, and faster timelines (typically 6–12 months vs. 2–4 years in Superior Court), it is the right forum for unpaid invoices, breach of contract, property damage, consumer disputes, and post-LTB collection.

The seven stages of a Small Claims action

1. Pre-claim assessment

Before filing, confirm: jurisdiction (under $50,000 net of interest), limitation period (generally two years under the Limitations Act, 2002), and the right defendant. A misnamed defendant is fatal at enforcement.

2. Plaintiff's Claim

The claim must plead the material facts concisely. Vague pleadings invite a Request to Strike or a Demand for Particulars. Attach the contract, invoices, and key correspondence.

3. Service

Personal service is the gold standard for individuals. For corporations, service on a director, officer, or the registered office under the OBCA is required. Improper service is one of the most common reasons claims fail at the enforcement stage.

4. Defence and counterclaim

The defendant has 20 days from service to file a Defence. They may also file a Defendant's Claim (counterclaim) against the plaintiff or a third party.

5. Settlement conference

A mandatory conference before a Deputy Judge. Most cases settle at or shortly after this stage. Come prepared with a settlement range and the supporting math.

6. Trial

If no settlement, the case is set down for trial. Small Claims trials follow simplified rules of evidence, but credibility, documentation, and a clear theory of the case still decide outcomes.

7. Enforcement (Rule 20)

A judgment is only as good as the enforcement. Tools include:

• Garnishment (Rule 20.08) — bank accounts and wages,
• Writ of Seizure and Sale (Rule 20.06) — personal property and real estate,
• Examination in Aid of Execution (Rule 20.10) — court-supervised asset discovery.

Judgments are enforceable for 6 years and can be renewed.

Small Claims Court for landlords

Landlords frequently use Small Claims Court to collect after the LTB has issued a monetary order against a former tenant, and to pursue property damage claims that fall outside LTB jurisdiction (see Valiant Rental Properties Ltd. v Paulauskas, 2022 CanLII 1996 (ON SCSM)).

How Stark Legal helps

We represent both plaintiffs and defendants in Small Claims matters across Ontario — from initial demand letter through to garnishment. Learn more about our Small Claims Court practice, or request a case review.