Getting Started in Small Claims Court:

Question:What should I include in my Plaintiff’s Claim (Form 7A) to start a Small Claims Court case in Ontario?

Answer:Freed Legal Services can help you (as an Ontario paralegal) understand what to include, what to leave out, and how to tell your claim story clearly when starting a Small Claims Court action using Form 7A, so you’re aligned with the process rules in Rule 7 of the Rules of the Small Claims Court and you reduce common early mistakes like confusing the parties or pleading the wrong facts.   They can also flag key risks, including what to expect if you lose, if the defendant brings a third party claim, if there is a counterclaim, or if costs are ordered against you, so you’re prepared before filing.   If you want a fast, practical next step in Ontario, call (800) 716-1897 to book a free half-hour consultation and get targeted guidance on commencing proceedings.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available 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 Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.

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.