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.

Add this website to Google Preferred Sources

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.

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 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.