Getting Started in Small Claims Court:

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

Answer: If you’re starting a Small Claims Court case in Ontario, a paralegal from Bulat Paralegal Service can help you prepare an accurate Plaintiff’s Claim (Form 7A) by focusing on the facts the court needs, organizing your claim, and avoiding common errors that can delay service or affect what the judge can consider later   Rule 7 of the Rules of the Small Claims Court, O. Reg. 258/98, sets out the process for commencing proceedings, including what must be filed and how the claim should be handled   A clear, evidence-based narrative matters for outcomes like whether you can prove your case, respond to a counterclaim or third party claim, and manage risks such as costs if you lose   To get practical help reviewing your Form 7A before you file, call (705) 664-0334.

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 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 of process for starting a legal case in the Small Claims Court can be 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 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.