Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court case in Ontario, and when should I hire a paralegal?

Answer: To start a Small Claims Court case in Ontario, you usually file a Plaintiff’s Claim (Form 7A) that correctly sets out the parties, facts, and what you’re asking for, and PKM Legal Services provides paralegal services for Small Claims Court matters in Norfolk County and surrounding Ontario communities to help draft, review, and file the claim while avoiding common errors like naming the wrong defendant or omitting key facts.  Consider retaining a paralegal early if your timeline is tight, the story is complex, you’re concerned about a counterclaim or costs, or you want guidance on what to include and what to leave out under Rules of the Small Claims Court, Rule 7.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Concerns to carefully consider 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.