How to File in Ontario Small Claims Court — A Step-by-Step Guide for 2026
Ontario Small Claims Court is the most accessible civil court in the province. As of 2026 its monetary limit has been raised to $50,000, putting most consumer, contract and unpaid-invoice disputes squarely within its jurisdiction. This guide walks through every step — from drafting the claim to enforcing the judgment — with the fees and forms you actually need.
Is your dispute in the right place?
Small Claims Court hears claims for money or personal property up to $50,000 (excluding interest and costs). It cannot grant injunctions, hear family law disputes, hear estate matters, or order anyone to do anything other than pay money or return property. If you need an injunction or specific performance, Superior Court is the only option.
If your claim is just over the $50,000 limit, you can abandon the excess and stay in Small Claims. Many plaintiffs do this to keep costs proportionate — Superior Court actions easily cost more in legal fees than Small Claims awards.
Drafting Form 7A — the Plaintiff's Claim
Every action begins with Form 7A. The form has three substantive parts: the parties' names and addresses, the amount claimed, and the 'reasons for claim'. The reasons section is the heart of your case. Set out the facts in short numbered paragraphs in chronological order. Attach the contract, invoices, photographs or other documents as schedules.
Name the right defendant. Suing 'ABC Plumbing' when the company is actually '1234567 Ontario Inc. carrying on as ABC Plumbing' is one of the most common errors and can defeat enforcement later. A $5 corporation search through the Ontario Business Registry confirms the legal name and registered office.
Filing fees and where to file
Issuance fees in 2026 are $102 for claims up to $6,000 and $229 for claims between $6,000.01 and $50,000. Frequent claimants (defined as having filed ten or more claims in a calendar year) pay higher rates. File online through the Small Claims Court e-filing portal or in person at the courthouse covering the defendant's address or where the cause of action arose.
Once issued, you must serve the claim on each defendant within six months. Service is normally by personal delivery to an individual, or by leaving a copy at the corporation's registered office with an officer or person who appears to be in charge.
After service: defence, default and settlement conference
The defendant has 20 days to file a Defence (Form 9A) after service inside Ontario. If they do not, you can request a default judgment using Form 11B. If the claim is for a liquidated sum (a fixed amount like an unpaid invoice), the clerk can sign the judgment without a hearing.
Defended claims are scheduled for a settlement conference before a Deputy Judge — a senior lawyer or paralegal acting as judge. The conference is held in private, the discussion is privileged, and the Deputy Judge will give a candid assessment of strengths and weaknesses. Approximately 70% of cases resolve at this stage. If yours does not, the matter is set down for trial.
Trial — what to expect on the day
Small Claims trials are short, focused and informal compared to Superior Court. The rules of evidence are relaxed: hearsay is admissible, business records come in without a custodian, and the Deputy Judge can take judicial notice of common facts. Trials usually run two to four hours.
Bring three copies of every document — one for the Judge, one for the other side and one for yourself — in a chronological binder. Have a single-page chronology and a short list of the three to five facts you need the Judge to find. Witness preparation matters: walk each witness through their evidence before the day so they tell the story clearly.
Winning is not the same as collecting
A Small Claims judgment is enforceable for twenty years and bears post-judgment interest. Common enforcement tools are: garnishment of wages or bank accounts (Form 20E), writ of seizure and sale against real property (Form 20A), and an examination in aid of execution (Form 20H) where the debtor must answer questions about their assets under oath.
Self-represented plaintiffs often stop at the judgment. They should not. The collection step is what turns a paper victory into money. A lawyer or paralegal can run an examination, file a writ and garnish a payroll for a fixed fee that often comes out of the eventual recovery.