This is general information, not legal advice, and reflects Ontario law as of September 28, 2026.
The process at a glance:
- Claim limit: up to $50,000, per the Ontario Superior Court of Justice.
- Start with: Form 7A, Plaintiff's Claim.
- Serve the defendant within: 6 months of the claim being issued.
- Defendant's deadline to respond: 20 calendar days after being served.
- If they don't respond: file a Request to Clerk (Form 9B) to note them in default.
What Small Claims Court handles, and the $50,000 limit
Small Claims Court is a branch of the Ontario Superior Court of Justice built for straightforward civil disputes — the kind that don't need the full machinery of a Superior Court trial. Per the court's own published description, it hears matters involving disputes for civil claims valued up to $50,000. If your claim is worth more than that, you can still sue in Small Claims Court, but you give up the amount above the limit.
The court is deliberately built so a person can run a case without a lawyer — you can represent yourself, hire a licensed paralegal, or hire a lawyer if you'd rather not do it alone.
Starting a claim: Form 7A
A case starts when you complete a Plaintiff's Claim (Form 7A), the form set out under the Rules of the Small Claims Court (O. Reg. 258/98). On it, you name the person or business you're suing, lay out what happened in a clear timeline, and state exactly how much money you're claiming (or what property you want returned).
You can file the completed claim online through the Small Claims Court Submissions Online portal — except in Toronto, which has its own filing process — or in person at a Small Claims Court office. A filing fee applies; it's set by regulation rather than case by case, so confirm the current amount when you file, and ask about a fee waiver (Form 20) if cost is a barrier.
Serving the defendant: you have 6 months
Filing your claim doesn't put the other side on notice — you have to serve it on them yourself, generally by personal service or one of the alternatives the Small Claims Court Rules allow. According to the Ontario Superior Court of Justice, the deadline to serve is 6 months from the date your claim is issued, and that deadline can only be extended in limited circumstances. Once you've served the defendant, whoever did the serving completes an Affidavit of Service (Form 8A) and files it with the court — that's what tells the court the defendant was actually notified.
If the defendant doesn't respond: default
A defendant who's been served has 20 calendar days to serve and file a defence. If they miss that window, you can ask the court to note them in default by filing a Request to Clerk (Form 9B). Once a defendant is noted in default, you may be able to get judgment without their further involvement, and they generally can't file a defence or take further steps unless you consent or the court allows it.
If the defendant does respond
Filing a defence moves the case into the court's normal track toward a settlement conference — one of the standard stages every contested Small Claims Court case goes through, alongside any motions, before a trial is ever scheduled. It's a chance for both sides, with a judge or referee, to see whether the case can resolve without a full hearing.
Filing within your limitation period
None of the above matters if you've waited too long to sue in the first place. Most civil claims in Ontario — including the kind Small Claims Court handles — are subject to the Limitations Act, 2002's general 2-year deadline, running from when you discovered the claim, with a 15-year outside limit. See our full breakdown in Ontario Limitation Periods: How Long Do You Have to Sue?, or run the numbers directly in our free Ontario Deadline Calculator before you start preparing your Form 7A.
Frequently asked questions
Do I need a lawyer to use Small Claims Court? No. The court is designed so a person can represent themselves; hiring a paralegal or lawyer is optional, not required.
What happens if I don't serve the defendant in time? The 6-month service deadline can only be extended in limited circumstances, so serving late puts your claim at real risk of being dismissed or delayed.
Is there a fee to file a claim? Yes — a filing fee applies, set by regulation, so confirm the current amount when you file rather than relying on a figure you saw elsewhere. Fee waivers exist for applicants who qualify.