Getting Started in Small Claims Court:

Question:How do I correctly start a Small Claims Court case in Ontario using Form 7A?

Answer:To start a Small Claims Court case in Ontario, you usually file a Plaintiff’s Claim (Form 7A) and follow Small Claims Court Rule 7 on what must be included and how the claim is set out. The main risk isn’t the blanks on the form, it’s choosing which facts and details to include at the outset, because that can affect later issues like counterclaims, third parties, naming the wrong party, limitation deadlines, and potential costs if you lose. A paralegal team at Anderson Aylwin Begg & Co. can help you structure the story for the claim, spot common pleading pitfalls, and prepare you for the next steps so you are not left reacting to the Defendant’s moves. Get practical Ontario guidance quickly by calling (905) 686-8080 to discuss your situation with Anderson Aylwin Begg & Co.’s Ontario-focused paralegal team.

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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 parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any.  There are various rules regarding the extent of information that is required.  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.

Note: Please contact Anderson Aylwin Begg & Co. by phone at: (905) 686-8080 to discuss any specific questions that you may have.

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 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.