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

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 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 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 am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.