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

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found online.  The primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• 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 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.