Ontario Small Claims Court: How to Sue for Up to $50,000

If someone owes you money, a contractor botched a job, or a landlord kept a deposit that was rightfully yours, Ontario's Small Claims Court is usually the fastest and least expensive way to get a binding legal decision. As of October 1, 2025, you can sue for up to $50,000, a jump from the previous $35,000 limit. This guide covers who can use the court, what it costs, and the steps from filing a claim to collecting on a judgment.

What Is Small Claims Court?

Small Claims Court is not a separate court system. It is a branch of the Superior Court of Justice, set up to handle civil disputes over money, property recovery, or services, up to a set dollar limit.

The court is designed so people can represent themselves without a lawyer, though many hire a lawyer or paralegal anyway. The rules of evidence and procedure are simpler than in the Superior Court's ordinary civil process, and cases generally move faster and cost less to run.

The Monetary Limit Is Now $50,000

Ontario Regulation 42/25 raised the Small Claims Court's monetary jurisdiction from $35,000 to $50,000, effective October 1, 2025. The same regulation increased the minimum amount you must be awarded to appeal a Small Claims Court decision, from $3,500 to $5,000.

The $50,000 limit applies to claims filed on or after October 1, 2025. It covers the amount you are claiming, excluding interest and costs. A claim already filed before that date under the old $35,000 cap continues to be governed by that earlier limit.

Before You Sue: Demand Letters and Time Limits

Ontario law does not require a demand letter before you file a claim, but sending one is standard practice. A short letter setting out what is owed and a deadline to pay gives the other side a chance to resolve things without a lawsuit, and it can help show the court you acted reasonably if the case later goes to a settlement conference or trial.

More importantly, do not wait too long to sue. Under the Limitations Act, 2002, most claims must be started within two years of the date you knew, or reasonably should have known, that you suffered a loss, who is responsible for it, and that a lawsuit was an appropriate response. Miss that window and the court can dismiss your claim outright, regardless of how strong it is on the merits. A separate 15-year ultimate limitation period applies from the date of the underlying act or omission, regardless of when you discovered it.

How to File a Claim

To start a case, you complete a Plaintiff's Claim (Form 7A). It sets out who you are, who you are suing, what happened, and what you are asking for. Attach copies of supporting documents, such as contracts, invoices, or photos, or explain why you cannot.

You can file online through the Small Claims Court Submissions Online portal, or the Ontario Courts Public Portal in participating regions, or by mail or in person at the Small Claims Court office covering the area where the events happened or where the defendant lives or does business.

There is a court fee to file. Under the current fee schedule, it is $108 for an infrequent claimant (generally someone who has filed 10 or fewer claims in the calendar year) and $228 for a frequent claimant. If you cannot afford the fee, you can apply for a fee waiver using Form 2.

Serving the Defendant

Once your claim is issued, you must serve a stamped copy on every defendant. Acceptable methods include personal service, service by another adult who is not a party to the case, or service through a private process server.

You generally have six months from the date the claim is issued to complete service. After serving the defendant, you file an Affidavit of Service (Form 8A) with the court to prove they were properly notified. Skipping this step, or serving late, can delay or derail an otherwise solid case.

What Happens After You File

If the Defendant Does Not Respond

A defendant generally has 20 calendar days after being served to file a Defence. If no Defence is filed in that time, you can ask the court to note the defendant in default using a Request to Clerk (Form 9B). A defendant who is noted in default loses the right to take part in most of what follows, and you may be able to obtain judgment without a full trial.

If the Defendant Files a Defence

Once a Defence is filed, the court schedules a settlement conference, a private meeting with a judicial officer aimed at narrowing the issues or resolving the case outright. Before the conference, both sides must exchange any remaining documents and a List of Proposed Witnesses (Form 13A), generally at least 14 days ahead of the date.

Discussions at a settlement conference are confidential and cannot be used against either side later. If the case does not settle, a different judicial officer presides at the trial, so the trial decision-maker has not seen what was discussed.

Trial and Judgment

If the case is not resolved at the settlement conference, either side can request a trial date by filing a Request to Clerk and paying the required fee, generally at least 30 days after the settlement conference. At trial, both sides present evidence and can call witnesses, using rules that are simplified compared to the Superior Court's general civil process.

The deputy judge who hears the case issues a judgment, which may award the full amount claimed, a lesser amount, or dismiss the claim entirely. Either side can appeal to the Superior Court of Justice's Divisional Court, but only if the amount in dispute is at least $5,000.

Collecting on a Judgment

Winning is only half the job. If the defendant does not pay voluntarily, you have to enforce the judgment yourself. Small Claims Court offers tools such as a garnishment, to intercept wages or funds held by a bank, a writ of seizure and sale against personal property, and, in some cases, an examination hearing to question the debtor about their income and assets.

Enforcement takes its own paperwork and often some patience, especially if the debtor has no obvious assets to seize. For a closer look at these tools, see serving and collecting a judgment.

Do You Need a Lawyer or Paralegal?

You are not required to hire anyone. Many people run their own Small Claims Court case from start to finish. That said, a licensed paralegal, regulated by the Law Society of Ontario, has the same legal authority as a lawyer in this court and can represent you at every stage, often at a lower cost than a lawyer would charge.

If your case is complex, involves an amount close to the $50,000 limit, or the other side has hired representation, it is worth at least a consultation. The Law Society Referral Service can connect you with a lawyer or paralegal, and free summary legal advice is available for people who qualify.

Claims Over $50,000

If your loss is worth more than $50,000, you have two options. You can sue in the Superior Court of Justice, which has no dollar limit but uses a more formal and more expensive process. Or you can abandon the amount above $50,000 and sue for exactly $50,000 in Small Claims Court, giving up any right to recover the difference later.

Abandoning the excess is permanent. Weigh the cost and speed of Small Claims Court against your confidence in proving the full amount, and how much of a gap you are willing to walk away from, before deciding which path to take.

Beyond Ontario

Court names, forms, and dollar limits vary by province and territory. For the general Canada-wide picture, start with Canada small claims, or walk through the common steps in how to file a small claim in Canada. You can also browse Canadian law by province for related topics.

Disclaimer

This article provides general information about Ontario's Small Claims Court process. It is not legal advice and does not replace advice from a lawyer or licensed paralegal familiar with your specific situation. Court forms, fees, and procedures can change, so confirm current requirements with Ontario Court Services or the Superior Court of Justice before filing.

Frequently Asked Questions

What is the maximum amount I can sue for in Ontario Small Claims Court?

As of October 1, 2025, the limit is $50,000, excluding interest and costs, under Ontario Regulation 42/25. Claims filed before that date remain subject to the previous $35,000 limit.

How much does it cost to file a claim?

Under the current fee schedule, filing a Plaintiff's Claim costs $108 for an infrequent claimant and $228 for a frequent claimant, generally someone who has filed more than 10 claims in the calendar year. A fee waiver is available for people who cannot afford the cost.

Do I need to send a demand letter before suing?

It is not legally required, but it is common practice. A demand letter gives the other side a chance to pay without a lawsuit, and can help show the court you tried to resolve the matter reasonably.

How long do I have to sue someone in Ontario?

Most claims must be started within two years of when you discovered, or reasonably should have discovered, the loss, who is responsible, and that a lawsuit was appropriate, under the Limitations Act, 2002. There is also an outer 15-year limit from the date of the underlying event.

Can a paralegal represent me instead of a lawyer?

Yes. A licensed paralegal, regulated by the Law Society of Ontario, has the same authority as a lawyer in Small Claims Court and can represent you at every stage, from filing to trial to enforcement.

What happens if the defendant ignores my claim?

If no Defence is filed within 20 calendar days of service, you can ask the court to note the defendant in default. A defendant noted in default loses the right to participate in most further steps, and you may be able to get judgment without a full trial.