Small Claims Court in Ontario: How to Sue for Up to $50,000, Steps and Court Fees

If someone owes you money for a loan, unpaid work or goods you delivered, you can sue them in Small Claims Court in Ontario. The limit for a claim rose from $35,000 to $50,000 on October 1, 2025, and the court’s rules changed earlier the same year, so older guides may no longer be accurate.

What Changed in Small Claims Court in 2025

Since October 1, 2025, you can claim up to $50,000 in Small Claims Court, up from $35,000. On the same date, the minimum amount for an appeal rose from $3,500 to $5,000, so only a judgment for the payment of more than $5,000 can be appealed to the Divisional Court. The monetary limit of the Landlord and Tenant Board, which hears residential tenancy disputes, is tied to the Small Claims Court limit and also rose to $50,000.

Amendments to the Rules of the Small Claims Court took effect on June 1, 2025. There is now a process for deciding whether a hearing takes place in person, by video or by telephone, and a trial can be adjourned only by court order. A new trial management conference helps the parties narrow the issues and prepare for trial. If you represent yourself, make a reasonable offer to settle that the other side rejects, and then obtain a judgment as good as or better than your offer, the court may award you up to $1,500 for inconvenience and expense. The previous maximum was $500.

The online filing system also changed. Since October 14, 2025, documents in Toronto region cases are filed through the Ontario Courts Public Portal, and documents in cases outside Toronto through the Small Claims Court Submissions Online portal on Justice Services Online.

What You Can Sue for in Small Claims Court Ontario

Small Claims Court hears claims for money or for the return of personal property worth $50,000 or less. Claims over $50,000 must be filed in the Superior Court of Justice. If you are owed more than $50,000, you can still file in Small Claims Court if you are willing to give up the amount over the limit.

Common claims are for money owed under an agreement, such as goods or services that were delivered but not paid for, unpaid loans, unpaid rent and NSF (non-sufficient funds) cheques. You can also claim damages for property damage, clothes damaged by a dry cleaner, personal injuries or a breach of contract.

You do not need a lawyer or paralegal to sue in Small Claims Court, although many people choose to get advice before they start.

What to Check Before You Start a Claim

In most cases, a claim cannot be started more than two years after the problem happened. You will need the full legal name and address of the person or business you are suing. Businesses registered in the past five years can be found through ServiceOntario’s business name search. Prepare a short, clear summary of what happened and why you are owed money, together with your evidence, such as contracts, receipts and photos.

Winning a case does not guarantee that you will be paid. If the other side does not pay, it is up to you to enforce the judgment, so it is worth considering whether they are able to pay before you decide to sue.

The Steps in a Small Claims Court Case

To start a claim, you complete a Plaintiff’s Claim (Form 7A) and file it online, in person or by mail. The claim must be filed at the court in the place where the problem happened, the place where the person or business you are suing lives or carries on business, or the court nearest to that place.

You must give a copy of the stamped claim to each defendant within six months after the court issues it. This is called serving the claim. You then file an Affidavit of Service (Form 8A) for each defendant to prove to the court that they were served.

A defendant has 20 days after being served to file a Defence (Form 9A). If the defendant admits the claim and proposes terms of payment that you accept, the case may end there. If the defendant disputes the claim, both of you will attend a settlement conference with a judge to exchange evidence and explain your positions. If you cannot agree, the case goes to trial, and the court may hold a trial management conference before the trial.

If no Defence is filed within 20 days, you can ask the court for a default judgment. When the amount owed is clearly set out in an agreement, the request can be made on paper. When the amount is not clear, such as for property damage, a judge decides the amount on the documents or at an assessment hearing.

Small Claims Court Fees in Ontario

Court fees depend on how many claims you file at the same court location in a calendar year. If you file fewer than 10, you pay $108 to file a claim, $94 to request a default judgment, $308 to set a date for a trial or assessment hearing and $127 to file a motion. If you file 10 or more, you pay $228 to file a claim, $128 to request a default judgment, $403 to set a date and $127 to file a motion. A defendant pays $77 to file a Defence. If you cannot afford the fees, you can apply for a fee waiver.

You may also have other expenses, such as travel costs for witnesses or interpretation. If you lose, you may have to pay your own costs and part of the other side’s costs.

How to Collect After You Win

The person or business you sued may not pay even after judgment. You can enforce the judgment by garnishing their wages or bank account, or by having their personal property or land seized and sold. If you do not know what they own, you can ask for an examination hearing, where they must answer questions about their job, income, property, bank accounts and debts, and the judge may order them to pay on a schedule. Enforcement steps also have fees: $144 for a notice of garnishment and $68 for a writ of seizure and sale or a notice of examination.

Alternatives to Small Claims Court

A lawsuit takes time and money, and if you lose you may be ordered to pay costs. Before you sue, you can send a written demand for payment or negotiate directly. You can also consider mediation, where a neutral person helps both sides reach an agreement, or arbitration, where both sides agree to be bound by the decision of a neutral arbitrator.

How Jenna Lee Law Can Help

Jenna Lee Law offers consultations on starting or defending a claim in Small Claims Court and on preparing a written demand for payment before a claim is filed.