
Small Claims Court Ontario (2026): Limit, Fees & Filing Steps
How Small Claims Court works in Ontario in 2026: the new $50,000 limit, filing fees, the steps to file a claim, and when a paralegal or lawyer is worth it.
From a firm demand letter to a courtroom claim, get the right level of legal firepower for your dispute.
Many disputes can be settled without a trial. Ontario's own small claims guide suggests you could first send a letter or talk to the person who owes you money, and you can do that through a lawyer or paralegal. If that does not work, the claim has to be started on time, which in most cases means within two years of when you discovered the problem.
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Civil disputes in Ontario run through the Courts of Justice Act, the Small Claims Court Rules, the Rules of Civil Procedure and a handful of statutes with their own deadlines. Each rule below was checked against the current law and the province's official guides. Our Small Claims Court guide covers the whole process.
Small Claims Court hears claims for money or the return of personal property of up to $50,000, not counting interest and costs, and a claim within that limit cannot be started in the Superior Court without leave. You can represent yourself there, or be represented by a lawyer or a licensed paralegal.
Most people pay $108 to file a Small Claims claim, $77 to file a defence and $308 to set a trial date; frequent claimants pay more. Starting a Superior Court action costs $243. Those are the October 2026 amounts. They are due for an inflation adjustment on 1 January 2027, and fees can be waived for people who qualify.
A Small Claims claim must be served within six months after it is issued, and the defendant then has 20 days to file a defence. Almost every defended case goes to a settlement conference, usually with a judge, which must be held within 90 days after the first defence is filed.
Most claims must be started within two years of when you discovered them, and usually no more than 15 years after the event, although some claims, such as sexual assault, have no limit at all. Some deadlines are much shorter: one year for a Human Rights Tribunal application, and for libel in an Ontario newspaper or broadcast, written notice within six weeks of learning of it and a lawsuit within three months.
The losing side can be ordered to pay costs. In Small Claims Court, costs other than disbursements are capped at 15 per cent of the amount claimed, unless the court is penalizing unreasonable behaviour, and a successful self-represented party can usually get up to $500 for inconvenience and expense.
If a judgment goes unpaid, you can garnish the debtor's wages or bank account, have their property seized and sold, or summon them to an examination about their finances. A notice of garnishment stays in force for six years and can be renewed.
Claims above $50,000 go to the Superior Court of Justice. Most money claims of $200,000 or less, not counting interest and costs, must use the Simplified Procedure. A corporation must be represented by a lawyer there unless the court gives leave.
Most Superior Court civil actions started in Toronto, Ottawa or the County of Essex, which includes Windsor, must go to mediation within 180 days after the first defence is filed, unless the court orders otherwise. Small Claims Court has no mandatory mediation; its settlement conference plays that role.
Sources, checked 3 October 2026
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A lawyer drafts a demand letter requesting payment, action or compliance before you escalate to a formal claim. Ontario's small claims guide suggests trying a letter before you sue, and it may settle the matter without a court claim.
Drafting of a letter demanding that someone stop harmful conduct: harassment, infringement, defamation or other unlawful behaviour.
You received a letter from someone's lawyer. A lawyer prepares your response: disputing claims, correcting facts or proposing settlement.
A demand or complaint for disputes with contractors, car dealers, subscription services or anyone holding your deposit, built on the consumer protection rules that actually apply.
Collection letters piling up or a creditor threatening to sue. A lawyer reviews the claims and tells you what is actually owed, what is out of time, and how to respond.
An assessment of whether your dispute belongs in Small Claims Court and what steps make sense, before you spend filing fees.
Drafting of the Plaintiff's Claim that starts a Small Claims Court action, written so a judge can follow your case at a glance.
Drafting of a Defence for someone who has been served with a Small Claims Court claim, due within 20 days of being served, including notes on a defendant's claim (the Small Claims version of a counterclaim) where one applies.
Almost every defended Small Claims Court case goes to a settlement conference, usually with a judge, before any trial, held within 90 days after the first defence is filed. It is often the best chance to settle, so a professional prepares you for it: your evidence, your chronology, your weak points and your settlement position.
You won, and the debtor still has not paid. Help enforcing a Small Claims Court judgment through garnishment, a writ or a debtor examination.
Drafting of the Statement of Claim that begins a lawsuit in Superior Court, for disputes above the small claims limit.
Drafting of a Statement of Defence for a defendant served with a Superior Court claim.
You have reached a deal to end a dispute. A lawyer puts it in writing properly: payment terms, releases, confidentiality, dismissal and what happens if someone does not follow through.
A review of posts, reviews or statements that are damaging your name, with a lawyer's honest take on whether it is defamation and what a takedown, response or demand letter can achieve.
Review of an unpaid construction or renovation dispute, for contractors, subcontractors or homeowners, with lien deadlines checked before they quietly expire.
A judgment is only worth what you collect. A lawyer maps the enforcement steps: garnishment, writs, a debtor examination or a negotiated payout.
Professional preparation of a Human Rights Tribunal of Ontario application for people bringing a discrimination complaint themselves.
Preparation of a response for someone named as a respondent in an HRTO application.
A consultation for regulated professionals facing a complaint, investigation or discipline process, before you write the response the regulator will keep on file.
A consultation on a CRA reassessment, objection, penalty or collection issue, with the objection deadline checked first: usually 90 days after the notice of assessment, or for most individuals one year after the filing due date if that is later.
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First decide which court: claims for money or the return of personal property worth up to $50,000 go to Small Claims Court; larger claims, and claims for other remedies such as injunctions, go to the Superior Court of Justice. In Small Claims you start by filing a plaintiff's claim (Form 7A) and paying the fee, then serve it on the person or business you are suing. If they defend, there is a settlement conference and, if it does not settle, a trial. These are Ontario's rules; other provinces have their own courts and limits.
Fill in a plaintiff's claim (Form 7A) and file it online if your claim is eligible, in person or by mail, at the courthouse where the problem happened or where the defendant lives or does business. The fee for most people is $108. You then have six months to serve the claim, which the court can extend, and you file proof of service separately. Community Legal Education Ontario offers a free guided tool for the forms.
In Small Claims Court, most people pay $108 to file a claim and $308 to set a trial date. In the Superior Court, a statement of claim costs $243 and setting the case down for trial costs $859. Those are the court fees as of October 2026, and fee waivers are available. If you lose, you can also be ordered to pay some of the other side's costs, which in Small Claims are capped at 15 per cent of the amount claimed in most cases, plus their reasonable disbursements.
In most cases, two years from the day you discovered the claim, and usually no more than 15 years after the event itself, although some claims have no limit. Some claims have much shorter limits: one year to apply to the Human Rights Tribunal, and for libel in an Ontario newspaper or broadcast, six weeks to give written notice and three months to sue.
It often makes sense to start with a letter. Ontario's small claims guide suggests sending a letter or talking to the other side before you sue, because you may reach an agreement without going to court. There is no general rule that you must send one, although a few claims, such as libel in a newspaper or broadcast, need written notice before you can sue. Sending a letter does not by itself extend the two-year limitation period, so if it does not work you still need to start your claim in time.
Small Claims Court in Ontario handles claims up to $50,000, a limit that rose from $35,000 on 1 October 2025. A claim within that limit has to start there unless the Superior Court gives leave. If you are owed more, you can still use Small Claims Court by giving up the amount above $50,000, or sue in the Superior Court.
Ontario does not publish an overall timeline, because it depends on the court and on the parties. The rules set the pace at each step: six months to serve the claim, 20 days for the defendant to file a defence, and a settlement conference within 90 days after the first defence. If the case does not settle within 30 days after the conference, a party must request a trial date.
Yes. In the Superior Court, Ontario's rules expressly allow a lawyer to help with part of your case under a limited scope retainer, for example drafting your claim, defence or application, while you otherwise represent yourself. In Small Claims Court you can also be helped or represented by a licensed paralegal.
Written by our editorial team and grounded in Canadian law, so you can walk into any conversation prepared.

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