Getting Started in Small Claims Court:

Question: What should I do before filing a Plaintiff’s Claim (Form 7A) in Ontario Small Claims Court to avoid common mistakes like counterclaims, wrong parties, or costs?

Answer: Reznik Legal Services can help you prepare and review your Plaintiff’s Claim for Small Claims Court in Ontario, including how to clearly tell the facts in a sensible chronology, what to include or leave out, and how to check the procedural requirements under Rule 7 of the Rules of the Small Claims Court.  You can also get practical guidance on key risks before you start, such as possible counterclaims, the consequences if you lose (including cost awards), what happens if a defendant adds a third party, and what to do if you have named the wrong person.  For help getting started with the right documents and strategy, call (416) 222-9906 to book a consultation.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.