Getting Started in Small Claims Court:

Question: How can I start a Small Claims Court case in Ontario and make sure my Plaintiff’s Claim (Form 7A) is filled out correctly without saying the wrong things?

Answer:   VP Legal Services & Notary can help you start (and assess) a Small Claims Court matter in Ontario by guiding you through the Plaintiff’s Claim process, including what to include in your Form 7A, how to handle common risks like counterclaims and third-party issues, and how to organize your story for the court.   As a paralegal and notary serving communities across Ontario, VP Legal Services & Notary can also review your situation for likely next steps and paperwork, so you do not miss procedural requirements under Rule 7 of the Small Claims Court Rules.   If you want tailored guidance before you file, call (437) 286-1499 to book a free 15-minute consultation today.

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