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 get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible online.  The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  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 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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.