This article explains how Small Claims Court works in Ontario as of 2026 and is general information, not legal advice. The rules and figures come from Ontario's official Small Claims Court resources and the Courts of Justice Act. Your own situation may differ, and a lawyer or licensed paralegal can advise on it.
Small claims court Ontario is where you go to sue someone for money without the cost and complexity of a full court case, and as of October 1, 2025, you can claim up to $50,000 there. That increase, up from the old $35,000 limit, pulled thousands more everyday disputes into a faster, simpler process built for people without lawyers.
This guide covers what Small Claims Court can do, the current limit and fees, how to file a claim step by step, what happens at a settlement conference and trial, and how to actually collect your money if you win. If your dispute is larger or more complicated, our guide on whether you need a lawyer in Canada helps you weigh it, and Olanur can match you with legal help in Ontario for free, with no calls and no pressure.
Small claims court Ontario: the quick answer
Small Claims Court is the part of Ontario's court system that handles money disputes up to $50,000. Here is the short version, unpacked fully below.
- The limit is now $50,000. As of October 1, 2025, you can sue for up to $50,000, not counting interest and court costs. The old limit was $35,000.
- You do not need a lawyer. You can represent yourself, hire a licensed paralegal, or hire a lawyer. Small claims is the one Ontario court where paralegals can fully represent you.
- Filing is affordable. An infrequent claimant pays $108 to file a claim, and there are smaller fees for later steps. Frequent filers pay more.
- A settlement conference comes first. If the defendant disputes your claim, you both attend a mandatory settlement conference with a judge before any trial, and many cases settle there.
- Winning is not the same as collecting. The court does not collect your money for you. If the defendant will not pay, you enforce the judgment yourself through garnishment or seizure.
- You usually have two years. Most claims must be started within two years of when the problem arose, so waiting too long can end your case before it begins.
What Small Claims Court in Ontario actually is
Small Claims Court is a branch of the Superior Court of Justice, designed to resolve smaller money disputes quickly and affordably. It uses simpler forms, plain rules, and a process a self-represented person can realistically handle.
The defining feature is the dollar limit. A claim in Small Claims Court Ontario can be for up to $50,000, excluding the interest and costs that may be added on top. The increase from $35,000 took effect on October 1, 2025, and at the same time the minimum amount you can appeal rose from $3,500 to $5,000. Those numbers matter, because they decide whether your dispute belongs in Small Claims Court at all.
If your claim is worth more than $50,000, you have two choices. You can sue in the regular Superior Court, which is slower and usually needs a lawyer, or you can give up the amount over $50,000 and keep your case in Small Claims Court. Many people choose the second option for the speed and lower cost, accepting a smaller recovery in exchange for a simpler process.
What you can and cannot sue for in small claims court Ontario
Small Claims Court handles claims for money or the return of property, as long as the value sits within the $50,000 limit. It does not handle everything.
You can sue for things like an unpaid invoice, a loan a friend never repaid, damage to your car or property, a contractor who took a deposit and disappeared, unpaid rent, or a refund a business refuses to give. These everyday money disputes are exactly what the court was built for, and they make up most of its caseload.
You cannot use Small Claims Court for matters that need something other than a money judgment. Family law issues like divorce or custody, criminal charges, and disputes that require a court to order someone to do something specific generally belong elsewhere. Commercial disagreements are common here, and if yours is tangled up with bigger questions, our guide to business lawyers in Canada covers when a dispute outgrows small claims.
Do you need a lawyer or paralegal for Small Claims Court in Ontario?
You do not need a lawyer to use Small Claims Court in Ontario. The court is deliberately built for self-represented people, with simpler rules and forms than the higher courts.
You have three realistic options. You can represent yourself, which many people do successfully for straightforward claims. You can hire a licensed paralegal, who in Ontario is allowed to fully represent you in Small Claims Court, often at a lower cost than a lawyer. Or you can hire a lawyer, which makes the most sense for higher-value claims near the $50,000 limit, complicated facts, or when the other side has a lawyer of their own.
A good rule of thumb: the closer your claim is to $50,000, and the more complex the evidence, the more professional help pays for itself. If you are weighing it, our guide on how to find a trustworthy lawyer in Canada and the broader how to find a lawyer in Canada walk through choosing the right person.
How to file a small claims case in Ontario, step by step
Filing in Small Claims Court Ontario follows a clear path, and most of it can be done online. Many claimants send a demand letter first, since a clear written demand with a firm deadline settles a large share of disputes before any claim is filed. Here is the process from start to finish.
- Confirm your claim fits. Check that you are owed $50,000 or less and that you are within the time limit, usually two years from when the problem happened.
- Prepare your Plaintiff's Claim. This is Form 7A. You describe who you are suing, what happened, how much you want, and why. Attach your evidence, such as contracts, invoices, photos, or messages.
- File the claim and pay the fee. You can file online or at a courthouse. The court issues your claim and assigns a file number.
- Serve the defendant. The claim has to be delivered to the person you are suing, following the court's service rules, and you then prove you did it.
- Wait for the defence. The defendant has 20 days after being served to file a Defence. If they do not respond, you may ask the court for default judgment.
- Attend the settlement conference, then trial. If the defendant disputes the claim, the case moves to a settlement conference and, if needed, a trial.
The paperwork is manageable, but the details matter. Serving the defendant incorrectly or missing the two-year deadline are the two mistakes that most often sink an otherwise strong case.
Small claims court Ontario fees in 2026
Court fees in Small Claims Court are modest, which is part of the point, but they add up across the steps and depend on how often you file. The table below shows the main fees as of 2026.
| Step | Infrequent claimant (under 10 claims a year) | Frequent claimant (10 or more a year) |
|---|---|---|
| File a Plaintiff's Claim | $108 | $228 |
| Request default judgment | $94 | $128 |
| Set a trial or assessment date | $308 | $403 |
These figures are drawn from Ontario's official Small Claims Court fee schedule and can change, so it is worth confirming the current amounts on Ontario's Small Claims Court page before you file. On top of court fees, you will usually pay to serve the defendant, and there may be small costs for things like enforcing a judgment later. Even with all of that, the total is a fraction of what a Superior Court action costs.
Small Claims Court filing fees in Ontario (2026)
Pick your claimant type. Hover, tap, or focus a step for details.
fewer than 10 claims a year
File a Plaintiff's Claim
$108
The fee to start your case by filing Form 7A. You pay this once, up front.
You only pay the steps that apply to your case, not all three. Costs to serve the defendant are extra.
What happens at the settlement conference
If the defendant disputes your claim, the next stop is a mandatory settlement conference, not a trial. It is an informal meeting with a judge whose job is to help both sides resolve the case.
At the conference, each side explains its position, the judge points out the strengths and weaknesses of each case, and everyone explores whether a settlement is possible. A large share of small claims cases end here, because the judge's candid read on the likely outcome often pushes both sides toward a deal. Even when no settlement happens, the conference narrows the issues and sets the case up for a more efficient trial. Coming prepared, with your documents organized and a realistic number in mind, is what makes the difference.
What happens at the trial
If your case does not settle, it goes to trial in front of a judge, with no jury. Small Claims trials are far less formal than what people picture from television.
Each side presents its evidence, calls any witnesses, and answers the judge's questions. Knowing legal jargon is not the point; what carries the day is a clear, organized story backed by your documents. The judge then gives a decision, sometimes that day and sometimes in writing later, and issues a judgment for the amount owed plus any costs and interest the law allows. Because the process rewards preparation over polish, a self-represented person with their evidence in order can do well.
How to collect your money after you win
Winning your case is only half the battle, and it is the half people underestimate. The court does not collect your money for you. A judgment is permission to enforce, not a cheque.
If the defendant does not pay voluntarily, Ontario gives you several enforcement tools. You can garnish their wages or bank account, which redirects money owed to them straight to you. You can obtain a writ of seizure and sale, which lets the sheriff seize and sell their property, including land. And you can request an examination hearing, where the debtor must answer questions under oath about their income and assets so you know which tool to use.
Each step has its own form and small fee, and a debtor with no income or assets can still be hard to collect from, which is why thinking about whether the other side can actually pay is wise before you ever sue.
What the losing side pays in costs
The losing party in Small Claims Court usually pays some of the winner's costs, but those costs are deliberately capped to keep the court accessible.
As a general rule, a judge will not order more than 15% of the amount claimed toward the winner's lawyer or paralegal fees, unless a party behaved unreasonably and the judge wants to penalize that conduct. On top of that, the winner can usually recover their out-of-pocket disbursements, such as filing fees and the cost of serving documents. The practical takeaway is that you should not expect a small claims win to make you whole on legal fees, which is one more reason the cost of professional help has to make sense against the size of your claim.
Time limits: the two-year deadline
Most claims in Ontario have to be started within two years, and missing that window usually ends your case no matter how strong it is. The clock generally starts when you knew, or reasonably should have known, that you had a claim.
Two years sounds like plenty of time, but it passes quickly while you are trying to resolve things informally, waiting for a promised payment, or simply putting it off. Because a few exceptions and nuances apply, and because the start date is not always obvious, it is worth confirming your deadline early. If you are close to the limit, getting advice quickly matters more than getting it perfect.
When Small Claims Court is the wrong fit
Small Claims Court is the right tool for many disputes, but not all of them, and using the wrong venue wastes time and money.
Look beyond small claims when your claim is worth well over $50,000 and you are not willing to give up the excess, when the case turns on complex legal questions rather than simple facts, or when you need a remedy other than money. If you are still deciding whether Small Claims Court is even the right venue, our overview of how to sue someone in Ontario walks through choosing the court by dollar amount, from Small Claims up to the Superior Court.
Residential landlord and tenant disputes are the clearest example of a case that belongs somewhere else entirely: rent, repairs, evictions and deposits are decided by the Landlord and Tenant Board under the Residential Tenancies Act, not by this court, and filing in the wrong forum simply loses the time. That includes anything flowing from an eviction notice such as an N4, N12 or N13, which starts at the Board rather than here.
Employment disputes are a common grey area: a straightforward unpaid wages claim can fit small claims, but a larger wrongful dismissal case often belongs elsewhere, which our guides on how much severance you are entitled to in Ontario and employment lawyers in Canada explain.
Property and contract disputes around a home purchase can also be larger than they first appear, as our breakdown of real estate lawyer fees in Ontario shows.
How Olanur helps you find legal help for a claim in Ontario
We built Olanur to remove the hardest step in getting legal help: figuring out which professional actually fits your situation. Instead of cold-calling firms, you describe your dispute once, and our matching system connects you with verified Ontario lawyers who handle claims like yours. There is no cost, no sign-up wall, and no obligation.
For a small claims matter, that often means quick advice on whether your case is worth pursuing, help preparing for a settlement conference, or full representation when the amount or the complexity justifies it. If you would rather see how the matching works first, our walkthrough of how Olanur works explains it step by step, and lawyer lookup in Ontario covers the Ontario-specific ways to find vetted legal help.
Frequently asked questions
As of October 1, 2025, you can sue for up to $50,000 in Ontario's Small Claims Court, not counting interest and costs. The limit used to be $35,000. If your claim is worth more, you can either sue in the higher Superior Court or give up the amount above $50,000 to keep your case in the simpler small claims process.
No. Small Claims Court is built for self-represented people, so you can run your own case. You can also hire a licensed paralegal, who in Ontario can fully represent you in this court, or a lawyer. Professional help makes the most sense for higher-value claims, complicated facts, or when the other side is represented.
As of 2026, an infrequent claimant pays $108 to file a Plaintiff's Claim, while a frequent claimant who files ten or more claims a year pays $228. There are smaller fees for later steps, such as requesting default judgment or setting a trial date, plus the cost of serving the defendant. Fees change, so confirm the current amounts before filing.
It varies widely by courthouse and how busy it is, but many cases take several months to a year or more from filing to resolution. A case that settles at the settlement conference finishes far sooner than one that goes all the way to trial. Court backlogs in busier regions like Toronto can add to the timeline.
The court does not collect for you, so you enforce the judgment yourself. Your options include garnishing the defendant's wages or bank account, getting a writ of seizure and sale so the sheriff can seize property, and holding an examination hearing where the debtor answers questions about their finances. A debtor with no income or assets can still be hard to collect from.
Most claims must be started within two years of when you knew, or reasonably should have known, about the problem. Miss that deadline and your case will usually be dismissed no matter how strong it is. Because the start date is not always obvious and a few exceptions apply, it is worth confirming your specific deadline early.
You can appeal a final decision to the Divisional Court, but only if the amount in dispute is above the minimum, which rose to $5,000 on October 1, 2025. Appeals are limited, follow strict deadlines, and are more technical than the original hearing, so getting legal advice before appealing is a good idea.
Before you file your claim
Small Claims Court gives Ontarians a real, affordable way to enforce their rights over money disputes, and the move to a $50,000 limit makes it useful for far more situations than before. Whether you represent yourself, bring in a paralegal, or hire a lawyer, the keys are confirming your claim fits, filing on time, coming prepared, and thinking ahead about whether you can actually collect.
If you want a professional to assess your case or take it on, Olanur can match you with a verified Ontario lawyer, free and with no pressure. You can also start a claim and check current forms through Ontario's Small Claims Court resources, find the official documents on Ontario Court Forms, or locate a licensed paralegal through the Law Society of Ontario directory.
Anita Rouzbeh
Tax & Business Law Contributor
Anita covers Canadian tax law and corporate legal matters, including CRA audits, tax disputes, business compliance, and tax planning for individuals and small businesses.
