Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court lawsuit in Ontario and should I hire a paralegal?

Answer: To start an Ontario Small Claims Court case, you typically complete and file a Plaintiff’s Claim (Form 7A) and ensure the claim accurately states the key facts, parties, and remedies while following the court’s procedural rules; Hall Paralegal Services provides paralegal services in Ontario to help you prepare, file, and manage risks like counterclaims, costs, misnaming parties, or added third parties.  Getting paralegal help early can help you organize evidence, choose what to include or omit in your narrative, and avoid procedural errors that can delay or undermine your claim.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available 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 of process for starting a legal case in the Small Claims Court can be 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. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.