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 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.

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.