Frequently Asked Questions (Updated for $50,000 Limit)

1. What types of disputes can I bring to Small Claims Court?
You can sue for monetary claims up to $50,000. Common matters include unpaid loans, invoices, contracts, damage to property, unpaid services or goods, construction disputes, and wrongful detainment of personal property.

 

2. How do I start a Small Claims Court case?
Starting a claim involves:

• Determining your legal basis and evidence

• Completing and filing a Plaintiff’s Claim (Form 7A) online, in person, or by mail

• Serving the claim on the defendant within the required timelines

• Waiting for a response, which leads to either settlement discussions, a settlement conference, or trial

 

3. What are the court fees and costs involved?
Fees depend on the action and whether you are a frequent or infrequent claimant. Examples:

• Filing a claim: $108 (infrequent claimant)

• Filing a default judgment or setting a trial date: $130
  Other costs may include process serving, witness fees, interpretation services, mediation costs, or enforcement expenses.

 

4. Can I resolve the dispute without going to trial?
Yes. Many cases settle before trial through negotiation, mediation, or settlement conferences. These methods can significantly reduce time, stress, and expense while still achieving a legally binding resolution.

 

5. What happens after I file a claim?
The defendant has 20 days to respond. They can:

• File a defence

• File a countersuit

• Negotiate a settlement
  If they do not respond, you may ask the court for a default judgment. If they do respond, the court will schedule a settlement conference.

 

6. How should I prepare for a settlement conference or trial?
Bring organized, persuasive evidence such as contracts, receipts, communications, photographs, expert reports, or witness statements. Your goal is to clearly prove your claim and support the amount you’re seeking.

 

7. What if I win but the other party refuses to pay?
Winning a judgment does not guarantee payment. You may need to enforce the judgment by:

• Wage garnishment

• Seizing bank accounts or assets

• Filing a writ of seizure and sale
  Understanding the debtor’s finances helps determine the best enforcement strategy.

 

8. Is there a deadline to file a claim?
Yes. Most claims must be filed within two years from the date the dispute arose, as required by Ontario’s Limitations Act, 2002.

 

9. Why choose Everton Law?
Navigating Small Claims Court can be time-consuming and technical. Everton Law manages the process from claim to enforcement so you don’t have to. We prepare your documents, advocate on your behalf, and pursue the most effective resolution inside or outside the courtroom.