Small Claims Court in Ontario: How to Represent Yourself Effectively

The Small Claims Court in Ontario was created to make justice more accessible. It is where individuals and businesses can resolve disputes involving money or property valued up to $50,000 without the time and expense of a full trial in the Superior Court of Justice.

From unpaid invoices to property disputes, Small Claims Court allows people to seek fair outcomes without necessarily hiring a litigation lawyer. But while it’s designed to be simpler, self-representation can still be tricky. Understanding the process and when to seek legal help can make all the difference in how your case turns out.

Understanding Small Claims Court in Ontario

Small Claims Court handles civil matters such as unpaid loans, breach of contract, or disputes over services. Even though the process is meant to be straightforward, it still follows strict procedural rules. Missing a filing deadline or submitting an incorrect form can delay or even dismiss your claim.

As of October 1, 2025, the monetary limit increased from $35,000 to $50,000. If your claim exceeds this limit, you can still choose to reduce the amount to stay within Small Claims jurisdiction — a strategy that often makes sense for people who prefer a faster and less expensive process.

Starting Your Claim

Before filing, confirm that your dispute qualifies under Small Claims jurisdiction and falls within Ontario’s two-year limitation period under the Limitations Act, 2002. Once confirmed, prepare a Plaintiff’s Claim (Form 7A) explaining who you’re suing, why you’re entitled to compensation, and what evidence supports your case.

Claims can now be filed online through Ontario’s Justice Services Online (JSO) portal, making it easier to start the process from anywhere. After filing, you must “serve” the claim on the defendant, which means you have to officially deliver it according to the court’s rules. Mistakes in service — such as serving the wrong address or failing to file proof of service — are among the most common reasons cases are delayed or dismissed. 

The Defence and Settlement Conference

Once served, the defendant has 20 days to respond by filing a Defence (Form 9A). If they fail to respond within that time, you can ask the court to note them in default and potentially obtain a default judgment.

If the defendant does file a defence, the next step is a mandatory Settlement Conference — a meeting before a judge or deputy judge where both parties discuss the case. The goal is to see if a resolution can be reached without going to trial. Settlement Conferences are often where most disputes are resolved, saving everyone time and money. 

As of June 1, 2025, Settlement Conferences may be held in person, by video, or by telephone, depending on the court’s direction. 

Going to Trial

If your case doesn’t settle, it moves to trial. Here, both sides present evidence, question witnesses, and make legal arguments. While the court tries to accommodate self-represented litigants, trials still follow rules of evidence and procedure. Have your documents, exhibits, and witnesses ready.

It’s also important to note that while you can recover certain costs if successful, the Small Claims Court caps representation fees at 15% of the claim amount. Even small procedural mistakes like failing to bring sufficient copies of documents can weaken your case.

This stage is typically where many people realize the value of professional representation. 

Common Pitfalls for Self-Represented Litigants

It’s entirely possible to represent yourself successfully. But it’s also easy to make mistakes. Some of the most common pitfalls include suing the wrong party (for example, missing the legal name of a business), missing service or filing deadlines, or failing to include enough evidence. Others may misunderstand what kind of remedy the court can award, such as asking for injunctions that Small Claims Court can’t grant.

While these errors might seem small, they can delay your case or even cause you to lose. A brief consultation with a Small Claims lawyer in Toronto can help you identify these issues early and avoid unnecessary setbacks.

The Small Claims Court primarily awards monetary damages or the return of personal property — it cannot issue orders related to real property, defamation, or equitable relief. Understanding what the court can and cannot do will save you time and frustration.

Enforcing Your Judgment

Winning your case is only the first step. You must still enforce your judgment if the other party doesn’t pay voluntarily.

You can enforce through garnishment of wages or bank accounts, writs of seizure and sale, or examination hearings.

Failure to act promptly can make enforcement harder, especially if the debtor’s assets change.

When Legal Help Can Make a Difference

Hiring a lawyer for Small Claims Court doesn’t mean giving up control of your case. It means having someone ensure that your paperwork, strategy, and presentation are solid. A legal professional can assess your claim, identify potential weaknesses, draft clear pleadings, and help you prepare for settlement conferences or trial.

In many cases, that small investment in legal guidance can save you money and stress in the long run. Even if you plan to appear on your own, getting legal advice at the outset can improve your confidence and your chances of success.

Checklist for Self-Represented Litigants

1. Confirm your claim is within the $50,000 limit (or reduce it appropriately)
2. Check the two-year limitation period
3. Use the correct forms (Form 7A for Plaintiff’s Claim, Form 9A for Defence)
4. Serve documents properly and file proof of service
5. Prepare all evidence and witnesses before settlement conference
6. Stay professional and courteous in all court appearances
7. Understand enforcement options if you win

How Nihang Law Can Help

Representing yourself in Ontario’s Small Claims Court is doable, but it can be complicated and complex. The process requires one to be organized and have a solid grasp of legal procedure. With the right preparation and proper advice, you can approach your case with confidence.

At Nihang Law, we assist both plaintiffs and defendants in Small Claims matters across Ontario. Our team provides strategic guidance, document review, and representation in court. Whether you’re suing for unpaid invoices or defending yourself against a claim, we’ll help you understand your rights and present your strongest possible case.

If you’d like to discuss your Small Claims matter or get professional guidance before heading to court, contact Nihang Law today.