Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court case in Ontario and what should I do to retain a paralegal or lawyer before filing the Plaintiff’s Claim (Form 7A)?

Answer: Starting a Small Claims Court proceeding in Ontario typically begins with filing a Plaintiff’s Claim (Form 7A) and making sure the claim is drafted correctly under the applicable procedural rules, so SFG Paralegal Services LLP can help you understand what to include and what to avoid in your story before you commence the proceeding, including key risks like being countersued, costs if you lose, and what happens if the defendant brings a third party.   If you want someone to review your plan and your draft before you file, call (888) 398-0121 to get practical paralegal support and a clearer path forward in Small Claims Court.

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 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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.