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.

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 primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

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. Before starting a Small Claims Court lawsuit, questions to 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.