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

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 form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  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 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.