Getting Started in Small Claims Court:

Question: How can KLP Paralegal Services help me start a Small Claims Court case in Ontario and properly complete a Plaintiff’s Claim (Form 7A) without making mistakes that could hurt my position?

Answer: KLP Paralegal Services can help you understand what to include and what to avoid when drafting your Plaintiff’s Claim (Form 7A), including how to respond to common early risks like counterclaims, third-party requests, naming the wrong party, and situations where the dispute becomes more complicated than expected.   They can also walk you through key Small Claims Court requirements in Rule 7 of the Rules of the Small Claims Court so your documents are organized, on-point, and less likely to cause delays or unnecessary cost consequences.   If you want help getting started, call (416) 570-6378 to speak with a paralegal in Ontario about your timeline, the claim details, and next steps.

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 parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any.  There are various rules regarding the extent of information that is required.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.