Small Claims Court is designed to be a faster, more accessible branch of the Superior Court of Justice, but it still follows strict rules of evidence and procedure. If you are involved in a dispute in Mississauga or anywhere in Ontario, understanding how this court works is your first step.
The short answer
The Ontario Small Claims Court handles civil disputes for money or property valued up to $35,000. While the process is simpler than regular Superior Court, it still requires drafting pleadings, attending settlement conferences, and potentially going to trial. Having a lawyer can significantly improve your chances of success.
What kind of cases go to Small Claims Court?
This court typically handles civil litigation matters such as breach of contract, unpaid invoices, property damage, and debt recovery. If your claim exceeds $35,000, you must either abandon the excess amount or file in the Superior Court of Justice. It does not handle matters related to criminal defence or most residential and commercial tenancies disputes, which go to the Landlord and Tenant Board.
Step 1: The Plaintiff's Claim
The process begins when the Plaintiff files a Plaintiff's Claim and serves it on the Defendant. The claim must clearly state the facts, the amount sought, and include supporting documents like contracts or invoices.
Step 2: The Defence
The Defendant has 20 days to file a Defence. Failing to do so can result in a default judgment, meaning the Plaintiff wins automatically.
Step 3: The Settlement Conference
Before any trial, a judge or deputy judge will meet with both parties to discuss the case and attempt to reach a settlement. This is a crucial stage where many cases are resolved without a trial.
When to talk to a lawyer
Even though Small Claims Court is meant to be accessible, navigating the rules of evidence and cross-examination can be daunting. Kuner Law assists clients in Mississauga with strategic advice and representation. Book a consultation to discuss your matter.
Frequently asked questions
Q: What is the limit for Small Claims Court in Ontario?
A: The monetary limit is $35,000, not including interest and costs.
Q: Do I need a lawyer for Small Claims Court?
A: While it is not legally required, a lawyer ensures your pleadings are drafted correctly and presents your evidence persuasively, especially in complex disputes.
About the Author
Jora Kuner
Jora Kuner is the founder of Kuner Law and a lawyer called to the bar of the Law Society of Ontario. He holds a Juris Doctor from Bond University, an NCA Certificate, a BA (Hons.) from York University, and a Certificate in Dispute Resolution. He practises civil litigation, criminal defence, and tenancies in Mississauga and across Ontario.
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