Self-Representation
We are not in the business of turning people away and we will generally always act for someone if they are prepared to pay us, the matter is within our skill set and we do not have a conflict (time-wise or otherwise).
Unfortunately, there are times when someone calls us with a matter where the amounts of money involved are relatively low compared to the costs of our legal services. Since we encourage clients to make business-like decisions with respect to litigation we can’t always, in good conscience, recommend a client spend $2,000 or more in legal fees for amounts under $5,000.
If you are on this page it is likely because we have recommended you look into handling your matter on your own. This is never our preferred option and if you would rather pay for our services we will help you. If, however, paying for our services in not a practical option because the amounts of money involved are relatively low or you cannot afford to hire us then we can at least point you in the right direction to proceed as a self-represented litigant.
[ 1 ] Get Some Basic Information.
As a starting point we recommend our website. There is some very good general information found on our webpage entitled Ontario Small Claims Court.
The Attorney General also has some useful information:
Attorney General of Ontario – Information About the Ontario Small Claims Court.
Attorney General of Ontario – Small Claims Court Guides to Procedures.
If you would like to increase your knowledge of the Ontario Small Claims Court, a good website would be IsThatLegal.ca – About the Ontario Small Claims Court.
[ 2 ] Filing Your Claim.
If you wish to file your claim in person at the appropriate courthouse you can download the necessary court forms at:
http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/
You can also file a Plaintiff’s Claim on-line at:
https://www.ontario.ca/page/file-small-claims-online
[ 3 ] If the Action is Defended.
If a Defence is filed to a Plaintiff’s Claim then the matter will proceed to a preliminary hearing called a Settlement Conference. You can get more information on this type of hearing at:
Ontario Courts – About Settlement Conferences.
[ 4 ] The Rules of the Small Claims Court.
At any step in a proceeding you may wish to read the applicable rules of the court. They can be found on our website or at:
https://www.ontario.ca/laws/regulation/980258
[ 5 ] Go to Court and Watch.
Some, but not all, Small Claims Court hearings are open to the public. For example, and unless the court ordered otherwise, anyone can sit and watch a trial, an assessment hearing or a motion. If you live in Peel or Toronto you can almost always show up at court on any day and see such hearings. If you live anywhere else you may wish to call your local court and ask about what hearings are being held on any given day. Note: Settlement conferences, examinations and contempt hearings are NOT open to the public.
One helpful resource can be the website that lists what hearings are being held in each court on a daily basis. It should also indicate if the hearings are in-person or by video conference.
[ 6 ] Case law Research.
A common resource for legal professionals for case law research is canlii.org.
[ 7 ] Fee Waiver.
Lastly, if you are a low-income individual you may not have to pay court fees and you may instead qualify for a fee waiver.
http://ontariocourtforms.on.ca/en/court-fee-waiver-guide-and-forms/