Getting Started in Small Claims Court:

Question: What should I say (and not say) when completing a Form 7A to start a Small Claims Court lawsuit in Ontario, and can a lawyer at Kush Law help me avoid mistakes before I file?

Answer: To start in Ontario Small Claims Court, you generally file a Plaintiff’s Claim, Form 7A, and the key is to accurately present the facts that support your claim while following the requirements in Rule 7 of the Rules of the Small Claims Court, because unclear or incorrect details can affect service, jurisdiction, and the issues the court will decide.   If you’re unsure what to include or how to respond to potential complications like a counterclaim, third party claim, wrong party name, or cost consequences, a lawyer at Kush Law can review your draft, help you organize the timeline and damages request, and guide you on the safest way to frame the narrative before you file.   For Ontario guidance that’s practical and filed-ready, call (905) 460-5073 at Kush Law to discuss your matter and get help protecting your position from the start.

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 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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at 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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.