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 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 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 lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

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.