Getting Started in Small Claims Court:

Question:How do I commence a Small Claims Court case in Ontario and what should I avoid when completing Form 7A?

Answer:Denali Paralegal can help you understand how to commence a Small Claims Court proceeding in Ontario using the Plaintiff’s Claim (Form 7A) and how Rule 7 requires specific steps, including what story details to include and which to omit to reduce procedural missteps.  Because starting a claim also affects issues like counterclaims, possible costs if you lose, naming the right parties, and complications such as third parties, getting review from a paralegal before filing can materially improve your chances.  If you want help, call (877) 414-4377 to book a focused intake and get clear, practical next steps for your Small Claims Court matter.

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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 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.

Note: Please contact Denali Paralegal by phone at: (877) 414-4377 to discuss any specific questions that you may have.

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 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 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.