Frequently Asked Questions
What is the monetary limit of the Ontario Small Claims Court?
As of January 1, 2020, the monetary limit of the Ontario Small Claims Court was raised to $35,000.
How much time do I have to bring a lawsuit?
In most situations, but not all, you have two years to bring a lawsuit from when the event that gives rise to the lawsuit occurred.
How do I know if I have a good case?
You should consult with a paralegal or a lawyer. In most cases, the three things to look at are winnability, collectability and affordability.
How long does a lawsuit take?
That largely depends upon how the other side responds to a lawsuit and how quickly the court can schedule hearings. To get from filing a lawsuit, serving it, waiting for the defence, proceeding to a settlement conference and then going on to trial could take about nine months to a year in many of the Small Claims Courts in Ontario.
How much will it cost?
That can largely depend upon how the other side reacts to the lawsuit. Most matters get resolved at or sometime after a settlement conference. In those cases a client may expect to spend between $1,500 to $2,000. If a matter does not settle and instead proceeds to trial a client could expect to spend another $1,500 to $2,000.
Can I recover all of my legal fees?
It depends. Matters that settle usually involve parties waiving their legal fees. If, however, a matter goes to trial the court can award up to 15% of the claim amount for legal fees to the successful party. On a $20,000 claim that would be $3,000.
Can I represent myself?
While the Ontario Small Claims Court is designed to be procedurally simpler than Superior Court it is still a court of law that requires litigation skills, knowledge of applicable legal principles and familiarity with the rules of court. Judges can only offer very limited assistance to a self-represented litigant who are otherwise on their own. Generally, we do not recommend a party represent themself in anything but the most simple of legal matters (e.g. an unpaid loan, a bounced cheque or a promissory note).
Which Small Claims Court should I file my claim in?
The Rules of the Small Claims Court require a claim to be filed in either the jurisdiction where the Defendant resides or where the cause of action occurred.
Whats happens after a claim is issued?
It then needs to be served upon the Defendant who will then have three options:
[1] Immediately settle with the Plaintiff;
[2] File a Defence and have the matter proceed to a Settlement Conference;
[3] Do nothing and have judgment entered accordingly.
Can I stop the process whenever I want?
Generally speaking, once a Defence has been filed a lawsuit cannot be withdrawn without the express consent of the Defendant. In such a case, a Defendant would usually ask for costs. Consequently, initiating a lawsuit needs to be given serious thought.
What percentage of cases actually go to trial?
Overall, only about 10% of cases filed actually go to trial. Most matters get settled at some step along the way while others get abandoned or result in default judgments.
How do I collect on my judgment?
A judgment is only as good as the person it is against which is why we look at collectability during our initial consultations. With that being said, if a Defendant owns a home, has a bank account or a good job there are enforcement options available through the court.