Getting Started in Small Claims Court:

Question: How can Lynxs Paralegal help me start a Small Claims Court case in Ontario and correctly complete a Form 7A Plaintiff’s Claim before filing?

Answer: Lynxs Paralegal helps Ontario residents and small businesses commence Small Claims Court proceedings by guiding you on what information to include and what to avoid when completing a Form 7A Plaintiff’s Claim, so you follow the procedural requirements in Rule 7 of the Rules of the Small Claims Court and are prepared for common complications like counterclaims, third-party issues, misnaming parties, and possible costs exposure.  If you need ongoing support to review your claim story, assess risks before filing, and strengthen your pleadings for your situation, call (647) 249-6676 to schedule a consult.

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 main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules of process for starting a legal case in the Small Claims Court can be 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. Concerns to carefully 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.