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 main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any.  There are various rules regarding the extent of information that is required.  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 I am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally 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.