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Ontario small claims court guide 2025

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The document provides detailed instructions for filing a Defence to a claim in the Small Claims Court. It outlines the steps to complete and serve a Defence form, including necessary attachments and deadlines. It also explains the process for filing a Defendant's Claim if applicable, and highlights the importance of adhering to timelines to avoid default judgments.

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Click ‘Get Form’ to open the Ontario Small Claims Court Defence form in the editor.
Ensure your name and address are correctly filled out at the top of the form. This is crucial for receiving any court documents related to your case.
In the section where you state your disagreement, clearly outline what you disagree with and provide reasons. If applicable, indicate any agreement with parts of the claim.
Attach copies of any supporting documents that bolster your case. If you intend to propose a payment plan, specify how much you will pay and when.
If there are multiple parties involved, complete an Additional Parties form (Form 1A) and attach it behind page one of your Defence form.
Once completed, serve your Defence form and attachments on all other parties involved in the case and complete an Affidavit of Service (Form 8A).
Finally, file your Defence and Affidavit of Service at the court office where the claim was filed within 20 days of receiving the claim. Remember to pay any required filing fees.

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Is it worth taking someone to Small Claims Court?

Small claims is usually good for going after reasonably small amounts of money from small businesses. If you are trying take a large corporation to court, what will happen is if you win a judgement, the business may feel so inclined as to appeal the judgement.

What can you sue for in Small Claims Court in Ontario?

Small Claims Court in Ontario will hear claims for money or personal property at a value of $35,000 or less (not including interest or costs). If you are looking to sue for an amount higher than $35,000 you will need to file your claim with the Superior Court of Justice and follow the civil litigation process instead.

How much does it cost to file a small claim in Ontario?

What does it cost to file a Small Claim? Filing a claim will cost between $100 to $215. Other steps in the process, such as setting a trial date or requesting a default judgment, can cost between $89 and $320. In some cases, filing fees can be waived if you cannot afford them and make a request for a fee waiver.

What is the threshold for Small Claims Court in Ontario?

The Small Claims Court jurisdiction will increase to $50,000, from the current $35,000, on October 1, 2025. As of that date, plaintiffs in Ontario may start an action in the Small Claims Court for monetary compensation of up to $50,000, exclusive of interest and costs.

What are the steps in Small Claims Court in Ontario?

There are six stages to a Small Claims Court case. From beginning to end, they are Claim, Default proceedings, Settlement conference, Motions, Trial and judgment, and Enforcement. There can be more than one hearing for each stage, depending on the specifics of your case.

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What happens if you lose in Small Claims Court in Ontario?

If you lose your case in small claims court, you must pay the amount of the judgment. Normally you have 30 days to pay. Youll be charged interest if you dont pay within this time limit. Worse still, your salary or property could be seized.