Getting Started in Small Claims Court:

Question:How do I start a Small Claims Court case in Ontario and what should I know before serving a Plaintiff’s Claim form?

Answer:Caruso Legal Services can help you start your Small Claims Court proceeding in Ontario by guiding you through Form 7A (Plaintiff’s Claim) and the key Rule 7 requirements, including what to include in your story early, how to reduce risk from counterclaims or naming errors, and how to handle issues like possible third-party claims or potential cost outcomes.   If you want a paralegal to review your draft and tell you what to say and what to avoid before you file and serve, call (289) 271-0488 for next steps in Ontario.

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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 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.

Note: Please contact Caruso Legal Services by phone at: (289) 271-0488 to discuss any specific questions that you may have.

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 am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.