Getting Started in Small Claims Court:

Question: How can a paralegal from Cross Legal Services help me complete and file a Form 7A to commence a Small Claims Court case in Ontario, and what should I do if the defendant may countersue?

Answer: ?

Answer: Cross Legal Services can help you understand Ontario’s Small Claims Court process for commencing a proceeding, including what to include in a Plaintiff’s Claim (Form 7A), how to organize the facts and remedies you’re seeking, and how to reduce common filing and wording mistakes under Rule 7 of the Rules of the Small Claims Court.  They can also review your situation for key risks like potential countersuits, name or party errors, and cost exposure if the claim is unsuccessful, so you go in prepared with a clear, court-ready story and supporting details.  To get guidance tailored to your claim, call (289) 443-0675 to book a consultation with a paralegal from Cross Legal Services in Ontario.

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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at 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. Concerns to carefully consider include:

• What if a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than 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.