Getting Started in Small Claims Court:

Question:How do I commence a Small Claims Court lawsuit in Ontario and what should I include in the Plaintiff’s Claim Form 7A?

Answer:Cross Legal Services can help you commence (start) a Small Claims Court proceeding in Ontario by preparing your Plaintiff’s Claim on Form 7A, walking you through Rule 7 of the Rules of the Small Claims Court, and guiding what facts to include so your claim is clear, complete, and less likely to be derailed by countersuit, name errors, or unexpected costs exposure.  If you need paralegal support to organize your story and supporting documents, call (289) 443-0675 for a free 1/2 hour consultation and get practical help getting to court-ready paperwork fast.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible online.  The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Note: Please contact Cross Legal Services by phone at: (289) 443-0675 to discuss any specific questions that you may have.

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 I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.