Jurisdiction and Monetary Limit
Ontario's Small Claims Court has monetary jurisdiction up to $35,000, excluding interest and costs. Most consumer disputes fit comfortably within this limit, including refund claims, warranty claims, deceptive practice rescission claims, and collection disputes.
The Court is a branch of the Superior Court of Justice and follows simplified procedures designed to be accessible without a lawyer. A licensed paralegal may represent a party.
The Basic Process
A claim is commenced by filing a Plaintiff's Claim (Form 7A) with the court and paying the filing fee. The fee varies with the amount of the claim. After filing, the defendant is served and has 20 days to file a Defence. The matter proceeds to a settlement conference and, if unresolved, to a trial.
Settlement conferences are often effective in resolving consumer disputes. The judge or deputy judge reviews the claim and defence and works with the parties to narrow the issues or settle the claim.
Practical Considerations
Small Claims Court is most effective when the claim is well-documented: contracts, receipts, photographs, emails, and any expert reports. The burden of proof rests on the plaintiff, who must establish the claim on a balance of probabilities.
Consumers considering Small Claims Court may review the Ministry of the Attorney General's self-help materials at ontario.ca/smallclaims. Where the claim exceeds $35,000, the Superior Court's Simplified Procedure (for claims up to $200,000) is the next step.