Getting Started in Small Claims Court:

Question:How do I start a Small Claims Court case in Ontario and make sure my Plaintiff’s Claim (Form 7A) is complete?

Answer:Lynxs Paralegal can help you commence a Small Claims Court proceeding by guiding you through the Plaintiff’s Claim (Form 7A) process, including what facts to include or avoid, how to address countersuit and third-party issues, and how to plan for possible costs or limitation deadline problems under the Rules of the Small Claims Court, rule 7.  Before you file, ask for a review of your draft so you don’t risk misnaming parties or creating pleading weaknesses that can make the matter more complicated later.  If you want a clear, practical next step in Ontario, call (647) 249-6676 to discuss your situation and get legal services support for your Small Claims Court matter.

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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 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.

Note: Please contact Lynxs Paralegal by phone at: (647) 249-6676 to discuss any specific questions that you may have.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• What if I am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.