Getting Started in Small Claims Court:

Question: What do I need to file to commence a Small Claims Court lawsuit in Ontario, and who can help me decide what to include or avoid in my Plaintiff’s Claim (Form 7A)?

Answer: ?

Answer: Denali Paralegal can help you understand how to commence (start) a Small Claims Court proceeding in Ontario by filing the Plaintiff’s Claim (Form 7A) and by walking you through what facts and documents to include in your story while avoiding common early mistakes that can hurt your case later.  Although the form is mostly fill-in-the-blanks, the hardest part is framing the allegations correctly and following the procedural requirements in Rule 7 of the Rules of the Small Claims Court.  If you want practical, limited-scope support tailored to your situation, contact (877) 414-4377 to book a consultation with a family law services provider paralegal in Ontario to review your draft and help you move forward with more confidence.

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 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.

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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.