Ontario's Small Claims Court is designed for people without lawyers. Here's the whole process — the form, the fees, and every deadline — from your demand letter to trial.
Before You Start
- Limit: $50,000 or less, not counting interest and costs (up from $35,000 since October 1, 2025).
- Deadline: in most cases, you can't file more than two years after the incident.
- Lawyer? Not required. You can hire a lawyer or paralegal if you want help.
- Demand letter: ask the other side to pay first, in writing, with a clear deadline. Keep a copy.
The 6 Steps
1Fill out the Plaintiff's Claim (Form 7A). Say who you're suing, how much you want, and why. Attach your key documents.
2File it. You can file online if you're eligible, or in person or by mail at the courthouse. Pay the filing fee.
3Serve the defendant. After the court stamps your claim, you have six months to serve it on the person or business you're suing.
4Wait 20 days. The defendant has 20 days after being served to file a defence. If they don't, and the amount owed is clear, you can ask for a default judgment.
5Settlement conference. If the defendant disputes the claim, you meet with a judge to try to settle and narrow the issues.
6Trial. If there's no settlement, you set a trial date and present your case.
What It Costs
| Fee | Amount |
|---|---|
| File a claim (infrequent claimant) | $108 |
| File a claim (frequent claimant) | $228 |
| File a defence (paid by the defendant) | $77 |
| Fix a trial date (infrequent claimant) | $308 |
| Fix a trial date (frequent claimant) | $403 |
| File a Defendant's Claim | $108 |
| Request a default judgment (infrequent / frequent) | $94 / $128 |
| File a motion | $127 |
| Summons to a witness | $33 |
For most people, filing a claim and setting a trial date comes to $416 in court fees. Many cases settle before the trial fee is due. If you win but aren't paid, enforcement has its own fees: a garnishment notice costs $144, a writ of seizure and sale $68, and a certificate of judgment $30.
Can You Get Your Costs Back?
Often, yes. The judge can order the losing side to pay part of your costs. Under section 29 of the Courts of Justice Act, a costs award in Small Claims Court, not counting disbursements such as court fees, cannot exceed 15% of the amount claimed, unless the court is penalizing unreasonable behaviour.
| Your claim | Most you can recover in costs |
|---|---|
| $5,000 | $750 |
| $35,000 | $5,250 |
| $50,000 | $7,500 |
Most claims start with a demand letter. Get yours written clearly, with the amount and a deadline, before you file.
Draft a Demand Letter →Frequently Asked
How much does it cost to file small claims in Ontario?
Filing a Plaintiff's Claim costs $108 for an infrequent claimant and $228 for a frequent claimant. Setting a trial date costs $308 (infrequent) or $403 (frequent). A fee waiver is available if you can't afford the fees.
What is the small claims limit in Ontario?
$50,000, not including interest and costs. It rose from $35,000 on October 1, 2025.
Do I need a lawyer for small claims court in Ontario?
No. You don't need a lawyer or paralegal to sue someone in Small Claims Court, though you can hire one for help.
How long does the defendant have to respond to a small claim in Ontario?
20 days after being served with your claim. If they don't file a defence and the amount owed is clear, you can request a default judgment.
Can I get my court fees back if I win small claims in Ontario?
Often, yes. The judge can order the losing side to pay your costs. Under section 29 of the Courts of Justice Act, a costs award in Small Claims Court, not counting disbursements such as court fees, cannot exceed 15% of the amount claimed, unless the court is penalizing unreasonable behaviour.
Who qualifies for a court fee waiver in Ontario?
You may qualify if your main household income is Ontario Works, ODSP, OAS with GIS, War Veterans Allowance or CPP, or if your gross household income is below the limit for your household size, such as $33,100 for one person, with liquid assets under $2,800 and net worth under $11,100. Businesses cannot get a fee waiver.
Sources & Verification
Figures, rules, and contacts in this article come from official sources:
- Ontario — Small claims court: suing someone
- Ontario — Small claims court fees
- Ontario — File small claims court documents online
- Ontario — Guide to procedures in Small Claims Court: Making a claim
- Ontario — Have your court fees waived
- Ontario — Courts of Justice Act, s. 29 (limit on costs)
Learn more about how ComplaintCA verifies information on our About page.