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Ontario’s Small Claims Court generally hears claims for up to $50,000 in money, excluding interest and costs, or for the return of personal property worth $50,000 or less. Whether your dispute belongs there also depends on what you want the court to order, whether another body has jurisdiction and which deadlines apply.
This guide is for Ontario individuals and businesses deciding where a civil dispute may belong or reviewing a Small Claims Court claim they have received.
Key takeaways
- Check the remedy and amount. The court generally deals with money claims and the return of personal property within its limit.
- Check who and what you can prove. The right parties, the underlying agreement or loss, and the calculation matter as much as the dollar figure.
- Check dates and collection early. The time to start a claim differs from the time to defend one. A judgment may require separate collection steps.
If you have been served with a claim or received a court notice, tell us the document and date when you inquire. We check conflicts and availability and explain the consultation scope and any fee before you book. An inquiry does not retain the firm or confirm that we can meet a deadline.
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What kinds of disputes can Small Claims Court hear?
Small Claims Court is a branch of Ontario’s Superior Court of Justice. Its jurisdiction generally includes actions seeking only payment of money within the limit, or recovery of possession of personal property within the limit. Personal property can include items such as equipment or goods.
Common examples include unpaid loans or invoices, a dispute about a purchase or service, and a claim for money to repair property damage. The $50,000 limit took effect October 1, 2025. Interest and costs are excluded when applying the limit to the amount claimed for payment. Whether they are actually recoverable is a separate question.
If you need an order requiring someone to do or stop doing something, or a decision about ownership of land, check whether a different court or process is needed.
What if your money claim exceeds $50,000?
You can consider a regular Superior Court action or, if the claim otherwise fits, giving up the amount above the limit to proceed in Small Claims Court. You cannot divide one cause of action into two or more cases just to bring it within the court’s jurisdiction. Giving up the excess means giving up the ability to pursue that part of the claim.
Example: A single $58,000 claim
Suppose the amount you seek for one claim is $58,000 before interest and costs. If you choose Small Claims Court by waiving the amount above its limit, you would give up $8,000 of that claim. A second action for the $8,000 is not a way to preserve the waived portion. The example assumes the claim otherwise fits the court’s jurisdiction and does not predict what you would recover.
If a case has already started, get the rules for amending or transferring it checked before deciding what to do.
Can you show what is owed and who owes it?
Start with the legal names of the people or businesses involved. A corporation and the person who owns it are generally distinct. The invoice heading, signed agreement, correspondence or payment record may help show who made the commitment. Being the person you dealt with does not automatically make someone personally responsible.
Identify what was agreed, what went wrong, and how you calculated the loss or amount outstanding. The contract, messages, invoices, receipts, photos and witness information can help. Account for payments or credits already received. A demand or invoice shows what someone is asking for; other evidence may be needed to show why it is owed.
What dates matter before you start or respond?
If you are considering a claim: Ontario’s basic limitation period is generally two years from when the claim was discovered, subject to exceptions. The date of discovery can depend on what you knew or reasonably ought to have known and when a proceeding became an appropriate way to seek a remedy. Do not assume the date of the most recent invoice, reminder or settlement discussion controls.
If you have been served: A defendant who wishes to dispute a Small Claims Court Plaintiff’s Claim generally has 20 days after service to serve and file a defence, subject to the court rules and any applicable order. A plaintiff may seek to have the defendant noted in default if no defence is filed in time. Confirm the document, service date and deadline promptly. A demand letter and a court claim are different documents.
What might the case cost, and can you collect?
Consider court fees, time away from work, evidence costs and any legal fees. Cost awards are subject to limits. Even a successful party may recover only part of what they spent.
A judgment determines what the court orders. If the other party does not comply voluntarily, enforcement may require separate steps and expense. When comparing a claim with a settlement, consider what you can realistically collect and what it might take to collect it.
Could another forum or a settlement make more sense?
Some disputes fall within a specialized tribunal’s authority. For example, issues governed by Ontario’s Residential Tenancies Act, 2006 may belong at the Landlord and Tenant Board. A claim below $50,000 does not by itself determine which body has jurisdiction.
A negotiated payment plan, return of property or settlement may resolve the problem without a trial. Compare what the proposal actually offers, any conditions or release, and the time and costs of proceeding. Get any active deadlines checked while discussions are underway.
How can Legal Route help with a Small Claims Court matter?
We can review the dispute, the documents and the remedy you want, and help assess the forum, deadlines and options for resolving it. If you have been served, we can review the claim and discuss the scope of help available. We confirm who we can represent, check conflicts and agree on the work before an engagement begins.
Legal Route’s legal services are provided by lawyers licensed by the Law Society of Ontario.
What to have ready for an initial inquiry
- The parties: The legal names of the people or businesses involved.
- The dispute: A short summary, the amount or property at issue, and what you want resolved.
- The dates: Key events and dates on any claim, court notice or hearing notice, including when you received it.
Wait for secure delivery instructions before sending court documents, contracts or other private records.
Civil litigation consultations in Brampton and across Ontario
In person in Brampton. Appointments are available by arrangement at our Brampton office, 2074 Steeles Avenue East, Unit 17.
Toronto and the GTA. We assist clients in Toronto and across Peel, York, Halton and Durham, including Mississauga, Markham, Oakville and Pickering.
Virtual appointments across Ontario. Virtual appointments are available for suitable matters, including for clients in Hamilton, London and Ottawa. Court attendance requirements are separate. See our Ontario service areas.
Frequently asked questions about Ontario Small Claims Court
Do I need a lawyer to go to Small Claims Court?
Individuals can generally represent themselves. They may also get help from a lawyer or a licensed paralegal authorized to act in that matter. A business should check who can appear on its behalf.
Can I start a regular Superior Court case instead?
A new action that falls within Small Claims Court’s jurisdiction generally requires the Superior Court’s permission to proceed there as a regular civil action. A claim for a different remedy or a related claim in a case already underway may raise different issues.
Can I claim the cost of fixing work instead of asking the other party to fix it?
A claim for a proven repair cost may be a money claim. The court would still need to decide liability and what loss is recoverable. An order compelling someone to complete the work is a different remedy.
What if both sides say the other owes money?
The court may be able to hear a defendant’s own claim, subject to its jurisdiction and rules. Defending the plaintiff’s claim and asking the court to award you money are separate issues, each with timing to check.
Can the dispute settle without a trial?
Yes. Parties can resolve a dispute by agreement. A settlement conference can also help clarify what is contested and explore a resolution. Understand the payment terms and any release before agreeing to settle.
Discuss your Small Claims Court matter with Legal Route
Tell us what you want resolved, the amount or property in dispute and whether any court papers have been served. We can explain what a civil litigation consultation would cover.
Request a civil litigation consultation
Call 905-283-8514 or see Brampton office and appointment details. An inquiry does not create a lawyer-client relationship or confirm that we have accepted the matter.
Related Legal Route resources
Official resources
- Ontario Superior Court of Justice: Small Claims Court
- Courts of Justice Act: jurisdiction and costs
- Ontario Regulation 626/00: monetary limit
- Rules of the Small Claims Court
- Ontario’s Limitations Act, 2002
This article provides general Ontario legal information. Your options and deadlines depend on the dispute, the documents, any applicable orders and your circumstances.