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

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available 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 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. Before starting a Small Claims Court lawsuit, questions to consider 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.