Getting Started in Small Claims Court:

Question: What document do I need to commence a Small Claims Court lawsuit in Ontario, and how should I prepare the story for the Plaintiff’s Claim (Form 7A) to avoid common mistakes?

Answer: Anderson Aylwin Begg & Co. can help you start (commence) a Small Claims Court case by guiding you through Plaintiff’s Claim requirements under Rule 7, including filling Form 7A with correct party details and crafting a clear, chronological story that supports your claim while avoiding what to omit or risk upsetting on a counterclaim, costs, or third-party issues;  If you need help reviewing your draft before filing, retaining proper legal counsel, or responding if the other side raises defences, call (905) 686-8080 to speak with Ontario paralegals who can help you reduce avoidable pitfalls and move your matter forward more confidently.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available 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 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. Before starting a Small Claims Court lawsuit, questions to 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.