Getting Started in Small Claims Court:

Question: How can I prepare and file a Plaintiff’s Claim (Form 7A) in Ontario’s Small Claims Court without missing key details?

Answer: SFG Paralegal Services LLP can help Ontario residents plan what to include in a Small Claims Court Plaintiff’s Claim (Form 7A) and how to start the case correctly under Rule 7 before you issue the claim.  The goal is to reduce common filing and pleading mistakes, address risks like the possibility of a counterclaim or third party claim, and explain how decisions about your story can affect outcomes and potential cost awards.  If you want paralegal support reviewing your facts, organizing the documents, and preparing the claim materials, call (888) 398-0121 for help getting started in the Richmond Hill, Durham Region, Windsor, Oshawa, or Vaughan area.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. 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 rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• 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.