Legal disputes don’t always require expensive lawyers or lengthy courtroom battles. For many everyday disagreements involving money or property, Small Claims Court offers a faster and more affordable solution—especially in a busy city like Toronto.

Whether you're a landlord dealing with unpaid rent, a contractor facing non-payment, or a tenant claiming a deposit, this guide will explain everything you need to know about navigating the Small Claims Court in Toronto.

What Is Small Claims Court in Toronto?

The Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes involving claims up to $35,000 (as of the latest update). It provides a more simplified and cost-effective process compared to higher courts.

It is ideal for:

• Contract disputes

• Property damage claims

• Unpaid invoices

• Landlord-tenant matters (not involving eviction)

• Personal injury (minor claims)

Who Can File a Claim in Toronto's Small Claims Court?

Anyone over the age of 18 can file a claim. You can represent yourself, hire a lawyer, or use a Tenant paralegal, which is more affordable for small cases. Businesses, landlords, contractors, and private citizens regularly use this court.

You can file against:

• Individuals

• Businesses

• Corporations

tep-by-Step: How to File a Small Claims Court Case in Toronto

1. Determine if You Have a Valid Case

Make sure your claim is within the $35,000 limit and that it falls under the court's jurisdiction. Review documents, contracts, receipts, or messages related to your dispute.

2. Prepare Your Plaintiff’s Claim (Form 7A)

This form outlines:

• Who you are suing (Defendant)

• Why you’re suing them

• How much you're claiming

• Evidence to support your claim

Make multiple copies and attach any supporting documents like contracts, emails, invoices, etc.

3. File Your Claim

You can file the claim:

• Online via the Ontario e-filing service

• In-person at the Small Claims Court at:
  47 Sheppard Avenue East, Toronto, ON

There is a filing fee (approx. $108 CAD). Keep your receipts.

4. Serve the Defendant

You must serve the Defendant with a copy of the claim within 6 months after filing. You can serve:

• By personal delivery

• Mail or courier

• Through a process server

You must file an Affidavit of Service (Form 8A) to prove they received it.

5. Defendant’s Response

The Defendant has 20 calendar days to file a Defence (Form 9A). If they don’t respond, you can file for a default judgment and potentially win automatically.

What Happens at a Small Claims Hearing?

1. Settlement Conference

Before trial, most cases go through a settlement conference where a judge tries to help both parties reach an agreement. If settled, you avoid trial.

2. The Trial

If no settlement is reached, the case goes to trial. Each party presents:

• Evidence

• Witnesses

• Arguments

A judge will make a final decision. Hearings are usually informal compared to higher courts.

3. Judgment and Enforcement

If you win, the judge will order the Defendant to pay. But it’s your responsibility to enforce the judgment using options like:

• Garnishment of wages

• Seizing assets

• Filing liens

How Much Does It Cost to Go to Small Claims Court?

• Filing a claim: ~$108

• Filing a Defence: ~$73

• Trial fee: ~$290 (if it proceeds to trial)

• Serving documents: Extra if using a process server

You may be able to recover some of these costs if you win your case.

How Long Does It Take?

• Filing to settlement conference: 3–6 months

• Trial: May take 6–12 months if needed

• Faster if both parties settle early

Delays may occur due to backlog or missing documents.

Tips to Win Your Small Claims Case in Toronto

• Keep all communication in writing

• Organize your evidence and timeline clearly

• Remain calm and respectful during court

• Bring witnesses or expert statements if needed

• Know your rights and court rules

• Practice your explanation before court day

If the case is complicated, consider hiring a paralegal—they’re experienced in navigating small claims procedures.

Conclusion

Small Claims Court in Toronto is a practical legal pathway for residents and businesses to resolve disputes under $35,000 quickly and affordably. With a bit of preparation, documentation, and calmness, anyone can navigate the system—even without a lawyer.

Whether you’re suing or being sued, understanding your rights and following the process can significantly increase your chances of a favorable outcome. Don’t ignore your legal options—Small Claims Court could be the solution you need.

FAQs About Small Claims Court in Toronto

1. What is the maximum claim amount in Toronto Small Claims Court?

As of now, it’s $35,000. Claims above that must go to Superior Court.

2. Can I represent myself?

Yes! Many people choose to self-represent. However, paralegals are a popular and cost-effective option too.

3. How long does it take to get a judgment?

It varies. A simple case may settle within a few months, while complex cases can take up to a year.

4. What happens if the Defendant doesn’t show up?

You can request a default judgment and may win automatically if you’ve properly served them.

5. Do I get my money right after I win?

Not always. If the Defendant doesn’t pay, you must enforce the judgment, which may involve garnishment or seizure of property.

6. Is Small Claims Court public?

Yes, court hearings are open to the public, and outcomes are part of public record.

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