Getting Started in Small Claims Court:

Question: What documents do I need to commence a Small Claims Court case in Ontario, and which parts of the Plaintiff’s Claim (Form 7A) should I be careful about before filing?

Answer: ?

Answer: Paladin LLP can help you prepare and review your Ontario Small Claims Court commencing documents, including your Plaintiff’s Claim (Form 7A), so you include relevant facts and avoid problematic details that can affect the outcome or create procedural risk under Rules of the Small Claims Court, and they can also help you think through key issues like counterclaims, naming the right parties, possible third-party claims, and what happens if you lose or costs are awarded.  If you want clear, practical guidance from a paralegal on how to get started the right way and what to expect next, call (289) 925-1572 to book a consultation in Ontario.

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 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. Concerns to carefully consider include:

• 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.