Small Claims

Small Claims Court in Ontario is designed to handle civil disputes efficiently and affordably, typically involving claims up to $35,000.
Main Functions
Resolution of Civil Disputes

Small Claims Court deals with civil disputes where individuals or businesses claim money or property, such as unpaid debts, unpaid wages, personal injury claims, property damage, and breach of contract.

Simplified Procedures

The procedures in Small Claims Court are more straightforward and less formal compared to higher courts. This makes it accessible for individuals without legal representation (self-represented litigants).

Accessible Justice

The court is designed to be user-friendly, allowing individuals to present their cases without the need for a lawyer, although they can choose to have legal representation if they wish.

Expedited Process

Cases in Small Claims Court are typically resolved more quickly than those in higher courts. The streamlined process helps reduce the backlog and ensures timely justice.

Mediation and Settlement Conferences

Small Claims Court may offer mediation services to help parties reach a settlement without a formal trial. Settlement conferences, where a judge or referee assists the parties in resolving their dispute, are also a key feature.

Filing and Fees

Initiating a claim involves filing specific forms and paying a fee, which is relatively lower than in higher courts. The forms and process are designed to be as simple as possible.

Limitation, Enforcement and Appeal
Monetary Limit

The court handles claims up to $35,000. Claims above this amount must be brought to a higher court unless the claimant agrees to reduce their claim to fit within the limit.

Judgments and Remedies

The court can issue judgments for monetary compensation or orders for the return of property. It does not handle criminal matters, family law issues, or cases involving land title disputes.

Enforcement of Judgments

If a claimant wins their case, the court provides mechanisms to enforce the judgment, such as garnishment of wages or bank accounts, or seizure of assets.

Appeals

Decisions made in Small Claims Court can be appealed to the Divisional Court of Ontario, but there are strict rules and deadlines for filing an appeal.