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

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are 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.