Getting Started in Small Claims Court:

Question:How do I start a Small Claims Court lawsuit in Ontario and should I retain legal counsel before filing Form 7A?

Answer:To start a Small Claims Court case in Ontario, you generally file and issue a Plaintiff’s Claim (Form 7A) with the court, then make sure your story and requested relief follow the requirements in Rule 7 of the Rules of the Small Claims Court.  Many people can fill in Form 7A’s blanks, but choosing what facts to include or leave out can affect counterclaims, third-party claims, and costs if you lose.  If you want Ontario guidance that helps legal professionals and helps you avoid common filing and pleading pitfalls before you commence proceedings, Legacy Legal Services can help; call (226) 246-3825 to discuss your situation and next steps today.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Note: Please contact Legacy Legal Services by phone at: (226) 246-3825 to discuss any specific questions that you may have.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

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.