Getting Started in Small Claims Court:

Question: How do I commence a Small Claims Court case in Ontario using Form 7A, and what should I avoid saying in the Plaintiff’s Claim?

Answer: Reznik Legal Services helps Ontario people commence Small Claims Court proceedings by preparing and reviewing a Plaintiff’s Claim (Form 7A) and checking the commen?cing requirements in Rule 7, so you present the right facts, avoid common pleading pitfalls, and reduce the risk of countersuit, costs, third-party claims, and misnaming parties.  Get clear next steps on what to include versus leave out before you file, plus how retaining a paralegal can help if the matter becomes more complicated.  Call (416) 222-9906 for a quick intake and guidance to move your case forward correctly in Ontario Small Claims Court.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found online.  The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, if any.  There are various rules regarding the extent of information that is required.  The rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Although people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.