Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court lawsuit in Ontario and decide what to include in my Plaintiff’s Claim?

Answer: KLP Paralegal Services helps Ontario claimants file a Plaintiff’s Claim (Form 7A) and prepare the story section in a way that follows Small Claims Court Rule 7 requirements, while also flagging common risks like possible countersue, costs if you lose, third-party claims, and avoidable name or fact errors.   If you have questions about what information you should include or leave out, or your claim might become more complicated than expected, call (416) 570-6378 to book a consultation with a paralegal so you can start correctly and feel confident about the next steps.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available 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 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.

Note: Please contact KLP Paralegal Services by phone at: (416) 570-6378 to discuss any specific questions that you may have.

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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.