Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court case in Ontario using Form 7A?

Answer: To start a Small Claims Court case in Ontario, you typically file a Plaintiff’s Claim (Form 7A) and complete the required party details while carefully writing the claim story in a clear, chronological way, then follow the applicable process rules in Rule 7 of the Rules of the Small Claims Court, R.R.O. 1990, Reg. 258.   Before filing, review common pitfalls like limitation deadlines, accuracy of party names, possible counterclaims or third-party claims, and the risk of costs being awarded against you.   For Ontario-focused digital marketing that helps legal professionals and paralegals reach clients who need Small Claims Court guidance, Marketing.Legal™ can help you get found, convert inquiries, and manage leads, call (800) 551-5751.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  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 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 the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• 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.