The Ontario Small Claims Court Process, Step by Step
From demand letter to judgment: how a claim moves through Ontario's Small Claims Court, what each stage involves, and typical timelines.
Overview
Ontario's Small Claims Court is a branch of the Superior Court of Justice that handles civil disputes up to $35,000 (excluding interest and costs). It is designed to be faster and less formal than higher courts — but the rules still matter, and prepared parties consistently do better.
Step 1 — The demand letter
Before filing, a well-drafted demand letter often resolves the dispute outright. It sets out the facts, the legal basis of the claim, the amount owed, and a firm deadline. It also becomes evidence of your reasonableness if the matter proceeds.
Step 2 — Filing the Plaintiff's Claim (Form 7A)
The claim is filed online through the Small Claims Court E-Filing Service or at the courthouse in the territorial division where the cause of action arose or where the defendant lives or carries on business. The filing fee for an infrequent claimant is $108.
Step 3 — Service
The defendant must be personally served (or served by an approved alternative) within 6 months of the claim being issued. An Affidavit of Service (Form 8A) proves it.
Step 4 — The Defence
The defendant has 20 days to file a Defence (Form 9A). If they don't, you may ask the clerk to note them in default and seek default judgment.
Step 5 — Settlement conference
Every defended claim gets a mandatory settlement conference, usually within 90 days of the first defence being filed. A deputy judge tries to narrow the issues or settle the case. Many cases end here.
Step 6 — Trial
If no settlement, the matter is set down for trial. Evidence is presented, witnesses testify, and the deputy judge renders judgment. Costs awards are capped at 15% of the claim amount unless the court orders otherwise.
Step 7 — After judgment
A judgment is not a cheque. If the debtor does not pay, enforcement proceedings — garnishment, writ of seizure and sale, examination hearings — begin. See our judgment enforcement guide.
Timelines
A defended claim commonly takes 8–18 months from filing to trial, varying significantly by courthouse.