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

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 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 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.

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. Concerns to carefully consider 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.