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

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 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 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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.