Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court lawsuit in Ontario and get a paralegal to help me with the Plaintiff’s Claim form 7A without making costly mistakes?

Answer: ?

Answer: Freed Legal Services can help you in Ontario Small Claims Court by reviewing the facts you should include for your Plaintiff’s Claim (Form 7A), confirming the right information to avoid early procedural errors, and guiding you on key steps before you commence proceedings under Rule 7 of the Rules of the Small Claims Court.   If you’re worried about outcomes like a counterclaim, a third party claim, a name or party error, or costs being awarded against you, Freed Legal Services can also help you prepare for what may happen next so you can move forward with a clear plan.   For a practical, step-by-step consultation with a paralegal, call (800) 716-1897.

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 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.

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 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 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.