Getting Started in Small Claims Court:

Question: How do I commence a Small Claims Court proceeding in Ontario (Form 7A) and should I retain a lawyer or paralegal before I file?

Answer: Legacy Legal Services can help you understand and start a Small Claims Court case in Ontario by preparing the Plaintiff’s Claim (Form 7A) and making sure your claim story, timelines, and requested relief are presented clearly and in the right format under Rule 7 of the Rules of the Small Claims Court.  You should consider getting legal counsel early because issues like a possible counterclaim, the risk of costs if you lose, third-party claims, and even incorrect party names can affect the outcome and what you must respond to later.  For practical guidance on commencing a proceeding and retaining support for drafting and next steps in Ontario, call (226) 246-3825.

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 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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than 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.