- 1 As of October 1, 2025, Ontario's Small Claims Court can hear any civil money claim up to $50,000 — increased from the previous $35,000 limit — under an amendment to O. Reg. 626/00 made under the Courts of Justice Act.
- 2 Eligible claims include unpaid invoices, contractor disputes, personal loans, security deposit disputes, wrongful dismissal under $50,000, and property damage — provided the plaintiff is seeking money or the return of personal property only.
- 3 Small Claims Court uses simplified procedures, fewer motions, and mandatory settlement conferences, making it significantly faster and less expensive than the Superior Court of Justice for claims in this range.
- 4 If your claim is over $50,000 but you are willing to waive the amount above the limit, you may still choose Small Claims Court for cost efficiency.
- 5 Under Ontario's Limitations Act, 2002, most claims must be filed within two years of the date you knew or ought to have known money was owed — missing this deadline can permanently bar your claim.
A Toronto contractor completed a $43,000 kitchen renovation. He handed over the keys. Then the calls stopped. Before October 1, 2025, his options were grim: absorb the loss, or spend $15,000 or more taking it to Ontario's Superior Court — a process that can drag on for years. That changed on October 1, 2025.
Ontario's Small Claims Court — the province's faster, simpler, lower-cost civil court — now handles money disputes up to $50,000. If someone owes you money for work you completed, services you delivered, wages you weren't paid, or a loan that was never repaid, you may now have a direct, affordable path to getting it back.
This guide explains what the new limit covers, which claims qualify, how to file, and — the question no one else answers — what to do when you win but the other side still won't pay.
Court Limit
2020 Limit
period to file
(up to $7,500)
What Changed: Ontario's Small Claims Court Now Covers Up to $50,000
The jurisdictional limit — that is, the maximum dollar amount a court is authorized to decide — rose from $35,000 to $50,000 on October 1, 2025. This was enacted through an amendment to O. Reg. 626/00 under the Courts of Justice Act, R.S.O. 1990, c. C.43. The $35,000 limit had been in place since 2020.
The appeal threshold also increased — from $3,500 to $5,000. This means that only judgments above $5,000 (excluding costs) can be appealed to the Divisional Court. For most small claims, the decision is now final.
Ontario also introduced procedural reforms to the Rules of the Small Claims Court (O. Reg. 258/98) effective June 2025. These include trial management conferences, clearer guidance on in-person versus video hearings, and tighter restrictions on adjournments (requests to postpone proceedings).
The $50,000 limit applies per plaintiff. If multiple people are suing together, each may independently claim up to $50,000. The cap applies to the principal amount — interest and legal costs are calculated on top of that.
These changes are designed to reduce pressure on Ontario's Superior Court and expand access to faster, cheaper dispute resolution for civil disputes in Ontario.
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Ontario Small Claims Court Limit — History of Increases
Maximum claim amount Ontario residents can bring to Small Claims Court, by period. The October 2025 increase reflects a broader trend of expanding court access.
Current Limit (Oct 2025)
$50,000
Previous Limit (2020–2025)
$35,000
Increase Since 2020
+43%
Source: O. Reg. 626/00, as amended by O. Reg. 42/25 under the Courts of Justice Act, R.S.O. 1990, c. C.43 — ontario.ca/laws/regulation/000626 | Nihang Law Professional Corporation · Law Society of Ontario
Quick Start: Which Court Is Right for Your Claim?
Use this table to identify the right starting point for your situation:
| Your Situation | Where to Go |
|---|---|
| Claim is $50,000 or less, for money or personal property | Small Claims Court |
| Claim is over $50,000 and you won't accept less | Superior Court of Justice |
| Claim is over $50,000, but you're willing to reduce it to $50,000 | Small Claims Court (with waiver) |
| Claim involves an injunction (a court order to stop an action) or other non-monetary relief | Superior Court of Justice only |
| You already filed in Superior Court and your claim is now $50,000 or less | Consider transferring to Small Claims |
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Small Claims Court vs. Superior Court of Justice — At a Glance
Use this comparison to choose the right court for your dispute. Values reflect Ontario rules effective October 1, 2025.
| Feature | Small Claims Court | Superior Court of Justice |
|---|---|---|
| Max Claim Value | $50,000 Per plaintiff, excl. interest & costs |
Unlimited |
| Filing Fee (approx.) | $102 – $394 Scales with claim amount |
$229 – $300+ Plus motion fees throughout |
| Typical Timeline | 6 – 18 months | 2 – 5 years |
| Max Costs Award | Up to $7,500 15% of amount claimed (max) |
Substantial indemnity possible Can exceed claim amount |
| Lawyer Required? | ✓ No Self-rep or paralegal allowed |
Strongly advised Complexity requires legal help |
| Injunctions Allowed? | ✗ No Money & personal property only |
✓ Yes Full equitable jurisdiction |
| Appeals Threshold | Judgments over $5,000 Increased from $3,500 (Oct 2025) |
Broader appeal rights Court of Appeal jurisdiction |
Source: Government of Ontario — ontario.ca/page/suing-someone-small-claims-court · O. Reg. 626/00 as amended by O. Reg. 42/25 | Nihang Law Professional Corporation · Law Society of Ontario
Claims That Now Qualify: Real Scenarios Under the New Limit
Unpaid Invoices
If you delivered goods or services and weren't paid, you may bring that claim to Small Claims Court — as long as the amount outstanding is $50,000 or less. This covers freelancers, subcontractors, tradespeople, suppliers, and any service provider who sent an invoice that was ignored or disputed without cause.
Contractor and Renovation Disputes
If a client hired you to renovate, build, or repair something and refused to pay for completed work, Small Claims Court can typically hear that dispute. The same applies in reverse: if you paid a contractor for work that was never finished or was done so poorly that you had to hire someone else to fix it, you may be able to claim those costs.
Wrongful Dismissal and Unpaid Severance
If your employer ended your employment without proper notice or payment in lieu of notice — known as wrongful dismissal — and the amount owed is $50,000 or less, you may bring that claim in Small Claims Court. Calculating the correct amount of notice pay can be complex, so getting legal advice about your wrongful dismissal claim before you file is strongly recommended.
Personal Loans
If you lent money to a friend, family member, or business and they haven't repaid you, Small Claims Court may offer a path to recovery — provided you have evidence of the loan (a written agreement, text messages, or bank records showing the transfer) and the amount falls within the limit.
Property Damage
If someone damaged your vehicle, equipment, or personal property and won't compensate you, you can bring a claim for the cost of repair or fair replacement value. Keep repair estimates, receipts, and photos as your evidence.
If your claim exceeds $50,000, Nihang Law can help you evaluate whether the Superior Court route makes sense for your situation.
How to File a Claim in Ontario Small Claims Court: Step by Step
Confirm Your Claim Qualifies
Check three things: your claim is for money or personal property, the amount is $50,000 or less (or you're willing to cap it there), and the time limit hasn't passed. Under Ontario's Limitations Act, 2002, most claims must generally be filed within two years of the date you knew — or reasonably should have known — the money would not be paid.
Gather Your Evidence
Collect everything that supports your claim: signed contracts or written agreements, invoices, text messages, emails, photos, receipts, and any correspondence where the other party acknowledged the debt. The more organized your evidence package, the stronger your position at every stage — settlement conference and trial alike.
Name the Defendant Correctly
This step trips up many first-time claimants. You must use the defendant's full legal name — not a nickname, trade name, or brand. If you're suing a corporation, look up its registered name through the Ontario Business Registry at ontario.ca. A judgment issued against the wrong name may be legally unenforceable, even if you win.
File Your Plaintiff's Claim (Form 7A)
Form 7A is the document that formally starts your court case. You can file online through the Justice Services Online (JSO) portal at ontario.ca, or in person at your local courthouse. Filing fees are approximately $102 for claims up to $1,000 and increase for larger amounts — confirm the current fee schedule at ontario.ca before you file, as amounts may change.
Serve the Defendant
Once your claim is issued, you must officially deliver a copy to the person or business you're suing. This is called "service" — the formal legal process of notifying the other party. You can serve by personal delivery, registered mail, courier, or email if the defendant has agreed to that method in writing.
Attend the Settlement Conference
After the defendant files a response, both parties are called to a settlement conference — a judge-supervised meeting designed to help resolve the dispute without going to trial. Attendance is mandatory. Failing to show up can result in your claim being dismissed or an order being made against you. Many Small Claims cases settle at this stage.
Proceed to Trial if No Settlement Is Reached
If the settlement conference doesn't produce an agreement, the case proceeds to trial. A judge hears both sides, reviews the evidence, and issues a binding decision — called a judgment — on the amount owed and any costs. Either party may be ordered to pay the other's legal costs, up to a maximum of 15% of the amount claimed (up to $7,500 at the new limit).
If you'd like legal guidance before you file, Nihang Law's litigation team can help you assess whether your claim is strong, correctly framed, and ready for court.
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Filing a Small Claims Court Claim in Ontario — From Dispute to Judgment
The complete journey from your first step to enforcing your judgment. Most cases settle at Step 5 — the mandatory settlement conference.
Verify claim type (money or personal property), amount ≤ $50,000, and limitation period not expired. Collect contracts, invoices, photos, and communications.
Submit online via the Justice Services Online (JSO) portal at ontario.ca or in person at your local courthouse. Fees start at approximately $102.
Officially deliver a copy of the claim by personal service, registered mail, courier, or email (with consent). Keep proof of service.
The defendant has 20 days to respond. If they don't, you may be able to request a default judgment. If they respond, proceed to the settlement conference.
A judge-supervised meeting where both parties attempt to resolve the dispute. Attendance is mandatory — missing it can result in dismissal. Many Small Claims cases settle here.
✓
Path A: Parties Agree
Settlement reached. Terms recorded. Case resolved without trial.
No agreement reached. Both parties present evidence before a judge at a formal trial hearing.
Judge issues a binding decision. The winning party must then enforce the judgment — the court does not collect on your behalf.
Source: Government of Ontario — Guide to Procedures in Small Claims Court | Nihang Law Professional Corporation · Law Society of Ontario
After You Win: How to Collect on a Small Claims Judgment in Ontario
Winning is step one. Collecting is step two — and it's a step you have to take yourself. The court confirms what is owed; it does not chase the debtor on your behalf.
Garnishment of Wages
Garnishment means redirecting money before the debtor receives it. With wage garnishment, you file a Notice of Garnishment with the court. The court notifies the debtor's employer, who must then redirect up to 20% of the debtor's net wages — that is, their take-home pay after taxes — to you each pay period until the full judgment amount is satisfied.
Garnishment of Bank Accounts
If you know where the debtor banks, you can serve a Notice of Garnishment on that financial institution. The bank may be required to hold funds in the debtor's account and remit them toward your judgment. The debtor receives advance notice, so timing can matter.
Writ of Seizure and Sale of Personal Property
A writ of seizure and sale (formerly handled by bailiffs, now by court enforcement officers) authorizes an officer to physically seize the debtor's personal property — such as equipment, vehicles, or inventory — and sell it to satisfy the judgment amount. Certain items are exempt by law.
Examination of Debtor
If you don't know what assets the debtor has, you can request a court-ordered examination. The debtor must appear before a court official and answer questions about their income, assets, bank accounts, and financial situation under oath. This hearing helps you figure out which enforcement tool is most likely to succeed.
Each of these enforcement tools requires its own court filings and involves additional fees. For post-judgment enforcement support, Nihang Law's litigation team can guide you through the process step by step.
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Enforcement Options After Winning a Small Claims Judgment in Ontario
Winning a judgment does not guarantee payment. You must enforce it. Use the right tool based on the debtor's situation.
| Enforcement Method | Best Used When | Key Limit / Note |
|---|---|---|
|
💼
Wage Garnishment
|
Debtor is employed — you know their employer's name and address |
Max 20% of net wages
Per pay period, until debt is fully paid. File a Notice of Garnishment with the court. |
|
🏦
Bank Account Garnishment
|
Debtor has a known bank account — you can identify the financial institution | Serve a Notice of Garnishment on the bank. Debtor receives advance notice. Funds in account may be directed toward your judgment. |
|
🔑
Writ of Seizure & Sale
|
Debtor owns physical assets — vehicle, equipment, inventory, or real property | A court enforcement officer may seize and sell the debtor's property. Certain items are exempt by law. File with the court sheriff's office. |
|
📋
Examination of Debtor
|
Assets and income unknown — you need to find out what the debtor owns before deciding how to enforce | Court-ordered hearing. Debtor must attend and disclose income, assets, and financial accounts under oath. Use results to choose the right enforcement tool. |
Important: Each enforcement method requires additional court filings and fees. The court does not collect on your behalf — you must initiate enforcement. A lawyer can help you choose the right method and navigate the process.
Source: Government of Ontario — Guide to Procedures in Small Claims Court: After Judgment | Nihang Law Professional Corporation · Law Society of Ontario
Already in Superior Court? How to Transfer Your Case to Small Claims
If you filed your claim in Superior Court before October 1, 2025, and the dispute is now worth $50,000 or less, you may be eligible to transfer it to Small Claims Court — where the procedures are simpler and the costs are typically lower.
With the consent of all parties: If everyone involved agrees to the transfer, you can file a requisition — a formal written request — at the courthouse. No motion (formal court hearing) is required. This is the faster and less expensive route.
Without consent: If the other side objects, you'll need to bring a motion to the Superior Court, asking a judge to approve the transfer. Motions take time and cost money. You'll need to weigh the likely savings from switching to Small Claims against the cost and uncertainty of the motion itself. Approval is not guaranteed.
One important restriction: claims that involve an injunction — a court order requiring someone to stop doing something — cannot be transferred to Small Claims Court, regardless of the dollar amount involved. Only money and personal property claims qualify.
Also worth knowing: if you already have an active Small Claims matter that was filed when the cap was $35,000, and your actual losses were higher, you may be able to amend your claim upward to the new $50,000 limit. This is subject to the rules governing amendments and court discretion.
The transfer and amendment rules are procedurally specific. Before taking any steps, get legal advice from a qualified Ontario lawyer.
Mistakes That Can Sink Your Small Claims Case Before It Starts
- ❌ Missing the two-year limitation period — Once this deadline passes, the court typically cannot hear your claim, no matter how strong it is. Under Ontario's Limitations Act, 2002, most civil claims must be filed within two years of discovering the problem — not two years from when the relationship first broke down.
- ❌ Naming the defendant incorrectly — If you sue "ABC Renovations" instead of the company's registered legal name ("1234567 Ontario Inc. operating as ABC Renovations"), you may win your case and still be unable to collect, because the judgment names the wrong legal entity.
- ❌ Choosing the wrong court — Filing a $48,000 claim in Superior Court after October 1, 2025, may result in the judge refusing to award you any costs — even if you win — because your claim should have been brought in Small Claims Court from the start.
- ❌ Skipping the settlement conference — The settlement conference is not optional. Failing to attend can result in your claim being dismissed or an order being made against you in your absence.
- ❌ Filing without organized evidence — Verbal testimony alone rarely wins. You need contracts, invoices, photos, and written communications to back up every dollar you're claiming. Come to every hearing with a clear, organized evidence package.
- ❌ Not thinking about enforcement before you file — If the person you're suing has no income and no reachable assets, a judgment may be very difficult or impossible to collect. A lawyer can help you assess "collectability" before you invest time and money in a case.
Frequently Asked Questions About Ontario's Small Claims Court
Ready to Pursue What You're Owed? Nihang Law Can Help.
For years, disputes in the $35,000 to $50,000 range fell into an awkward gap — too large for Small Claims Court, but not large enough to justify the cost and complexity of Superior Court litigation. As of October 1, 2025, that gap is closed. If you're owed money in that range, you now have a real, accessible path to pursuing it through a court designed for exactly this kind of dispute.
At Nihang Law, we help clients in Toronto, Scarborough, and across the GTA assess whether to file, build the strongest possible evidence package, and — critically — collect on a judgment once they've won. Principal Lawyer Qasim Ali and his team handle civil disputes for everyday Ontarians and small businesses, bringing the same level of care to a $30,000 invoice dispute as to a complex commercial matter.
If you're ready to pursue what you're owed, we're ready to help.
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
- Government of Ontario — Suing Someone in Small Claims Court: ontario.ca/page/suing-someone-small-claims-court
- Government of Ontario — Guide to Procedures in Small Claims Court: ontario.ca/document/guide-procedures-small-claims-court
- Ontario Regulation 626/00: Small Claims Court Jurisdiction and Appeal Limit (as amended by O. Reg. 42/25): ontario.ca/laws/regulation/000626
- Courts of Justice Act, R.S.O. 1990, c. C.43: ontario.ca/laws/statute/90c43
- Limitations Act, 2002, S.O. 2002, c. 24, Sched. B: ontario.ca/laws/statute/02l24
- Ontario Regulation 258/98: Rules of the Small Claims Court (as amended June 2025): ontario.ca/laws/regulation/980258
- Ontario Courts — Small Claims Court: ontariocourts.ca/scj/small-claims-court/
- Steps to Justice — How Can I Sue in Small Claims Court?: stepstojustice.ca
- Law Society of Ontario — Find a Lawyer or Paralegal: lso.ca/public-resources/finding-a-lawyer-or-paralegal
- Ontario Business Registry (for verifying defendant's registered name): ontario.ca/page/ontario-business-registry
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