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.

Add this website to Google Preferred Sources

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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

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. Before starting a Small Claims Court lawsuit, questions to 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.