Someone owes you money, or won't return property that's yours. The emails and calls haven't worked. In Ontario, Small Claims Court is the next move for claims up to $50,000. It's built for speed, but it runs on strict rules and deadlines. Know them before you file. Here's how a claim moves, step by step, straight from the rules.
What Small Claims Court can hear
Small Claims Court is a branch of the Superior Court of Justice. Under the Courts of Justice Act, it hears actions for the payment of money where the amount claimed doesn't exceed the prescribed amount, not counting interest and costs. It also hears actions to recover possession of personal property within the same value limit (s. 23(1)).
The prescribed amount is set by regulation. Under O. Reg. 626/00, s. 1(1), "the maximum amount of a claim in the Small Claims Court is $50,000." The current version of that regulation has applied since October 1, 2025.
If your claim is larger, it belongs in the Superior Court of Justice under its regular procedure. That's a different process, and it isn't covered here.
Before you file: check the limitation period
Time limits apply to most civil claims. Under the Limitations Act, 2002, s. 4, unless the Act provides otherwise, "a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered." When a claim is "discovered" is defined in s. 5, and it can turn on the facts. Some claims fall under different rules. If you're close to two years, get advice about your timeline quickly.
Step 1: File a plaintiff's claim
A Small Claims action starts when you file a plaintiff's claim (Form 7A) with the clerk (Rules of the Small Claims Court, r. 7.01(1)). If you file on paper, include a copy for each defendant. If you file electronically, that copy requirement doesn't apply (r. 7.01(1.1)).
The claim sets out who you are suing, what happened and what you're asking for. Clear, organized facts help everyone who reads it: the defendant, the clerk and, later, the judge.
Step 2: Serve the claim
Filing isn't enough. The defendant must be served. The rules require personal service, or an alternative to personal service as the rules allow (r. 8.01(1)).
There's a deadline. A claim "shall be served within six months after the date it is issued," although the court may extend that time, before or after the six months has passed (r. 8.01(2)). Keep proof of how and when service was made.
Step 3: The defence (20 days)
A defendant who wants to dispute the claim must, within 20 days of being served, serve a defence (Form 9A) on every other party and file it, with proof of service, with the clerk (r. 9.01).
If a defendant doesn't file a defence in time, the clerk may note the defendant in default on request (r. 11.01(1)). What follows depends on the claim, so get advice if you're on either side of a missed deadline.
If you've been served, don't wait. Twenty days passes quickly.
Step 4: The settlement conference
Most Small Claims cases don't go straight to trial. A settlement conference "shall be held in every defended action" (r. 13.01(1)). It's held within 90 days after the first defence is filed (r. 13.01(3)).
Under r. 13.03(1), the purposes of a settlement conference include: - resolving or narrowing the issues; - speeding up the disposition of the action; - encouraging settlement; - helping the parties prepare effectively for trial; and - full disclosure between the parties of the relevant facts and evidence.
Each party, and the party's representative if there is one, must take part unless the court orders otherwise (r. 13.02(1)). The judge at the conference may also make orders about how the action proceeds (r. 13.05(1)).
Come prepared: bring your documents, know what you're asking for, and think about what a reasonable resolution might look like.
Step 5: If it doesn't settle
If the case doesn't resolve at the settlement conference, it moves toward trial under the later rules. Trial procedure and enforcement (collecting on a judgment) are topics for another post. Here we've kept to the early steps that most people face first.
Who can represent you
You can act for yourself in Small Claims Court. If someone represents you, the rules don't let the court permit a person to act as a representative unless that person is authorized under the Law Society Act (r. 1.08). At Francis Mehr LLP, a lawyer handles your Small Claims file, and law students working under a lawyer's supervision may assist.
Practical takeaways
Check the amount. Small Claims Court hears claims up to $50,000, not counting interest and costs.
Check the clock. The basic limitation period is two years from discovery.
Serve on time. You have six months from issue to serve the claim.
Defendants: 20 days. Serve and file a defence within 20 days of being served.
Prepare for the settlement conference. It's mandatory in defended actions and comes within 90 days of the first defence.
FAQ
What is the maximum claim in Ontario Small Claims Court?
$50,000, under O. Reg. 626/00, s. 1(1). The Courts of Justice Act measures the limit exclusive of interest and costs (s. 23(1)).
How long do I have to sue in Small Claims Court?
The basic limitation period under the Limitations Act, 2002, s. 4 is two years from the day the claim was discovered. Some claims have different rules, so get advice early.
How long does a defendant have to file a defence?
Within 20 days of being served with the claim, the defendant must serve and file a defence (Form 9A), under r. 9.01 of the Rules of the Small Claims Court.
Is a settlement conference mandatory?
Yes, in every defended action. It's held within 90 days after the first defence is filed (r. 13.01).
Do I need a lawyer for Small Claims Court?
No, you can represent yourself. A representative must be authorized under the Law Society Act (r. 1.08). At Francis Mehr LLP, a lawyer handles Small Claims files.
Talk to us
Have a claim to bring, or one to defend? Work with a lawyer from the start. Book a consultation with our Ottawa office at (613) 226-1011 (Mon–Fri, 9 AM–5 PM), or visit our Small Claims page: https://francislawyers.ca/services/small-claims/
This content is general information about Ontario law as of October 2026. It is not legal advice and does not create a lawyer-client relationship. Laws change and every situation is different. Speak with a lawyer about your specific circumstances. Written by the lawyers of Francis Mehr LLP (Francis Lawyers), Ottawa.
