Getting Started in Small Claims Court:

Question: 1) What do I need to file to start a lawsuit in Ontario’s Small Claims Court, and how can I choose the right legal help to avoid common mistakes before issuing my Plaintiff’s Claim?

Answer: 2) In Ontario’s Small Claims Court, to commence a claim you typically prepare and issue a Plaintiff’s Claim using Form 7A, and you should review the specific filing requirements and limits in Rule 7 of the Rules of the Small Claims Court so your claim is complete and consistent with what the court requires;   before you file, it helps to plan for common issues like countersuing, potential costs, third party claims, and what happens if you get a party name wrong, because these factors can affect how the case unfolds;   if you want help with case organization, document readiness, and marketing for lawyers and paralegals in Ontario, Marketing.Legal™ can help you connect with the right small claims guidance and supportive resources, call (800) 551-5751.

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 many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about 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 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.