There are many different reasons why you may want to sue someone, but I’m not here to debate whether that is right or wrong. In Ontario, Canada, you can file a lawsuit in small claims Court for $35,000 or less against a person or business if you feel you are entitled money for the return of personal property. You must visit the Superior Court of Justice for anything costing more than $35,000. If the debt exceeds $35,000, you can still make a claim in small claims court if you’re willing to forego that sum.
To file a lawsuit, you don’t need to work with a paralegal or attorney. To help you with the procedure, you might want to speak with a lawyer or paralegal.
What you can sue for in Ontario
There are certain restrictions to what you can sue someone for in small claims court in Ontario, although generally the reasons you can sue for a fairly broad. Generally speaking, you can sue someone for money owed through an agreement such as goods or services sold and delivered that weren’t paid for, unpaid loans, unpaid rent, and NSF (non-sufficient funds) cheques. But then you can also sue for damages such as property damage, personal injuries, and breach of contract.
The cost of Filing a claim in Ontario
The total costs of filing a claim depends on the steps you take. Fees also depend on how often you file a claim. Someone who files fewer than 10 claims in a calendar year at the same court location is called an infrequent claimant. Someone who files 10 or more is called a frequent claimant.
An infrequent claimant will pay:
- $108 for filing a claim
- $94 for filing of a request for default judgment
- $308 for setting a date for a trial or an assessment hearing
- $127 for filing a Notice of Motion for an Assessment in Writing
A frequent claimant will pay:
- $228 for filing a claim
- $128 for filing of a request for default judgment
- $403 for setting a date for a trial or an assessment hearing
- $127 for filing a Notice of Motion for an Assessment in Writing
Depending on the actions they and the opposing party take in their case, both infrequent and frequent claimants may be required to pay additional court fees in addition to those listed above.
Note: These are current fees as of January 2023.
The steps
1) Determine if you want to file a lawsuit
You might be able to find an alternative approach to the issue. Before filing a lawsuit, think about your ability to obtain compensation in the event that you “win” but the defendant refuses to pay. It will be up to you in this situation to collect the money by enforcing the verdict.
2) Launch a claim
This entails completing papers to initiate the claim, delivering it to the individual or entity you’re suing, and paying certain expenses. A claim can be submitted in person, by mail, or online (where eligible).
3) Wait for a response
The person or company you are suing might or might not agree to reimburse you. If they concur, the procedure can be over and you won’t need to appear in court
4) Attend court
You and the entity you are suing may be required to go before a court at a settlement conference if it turns out that your opponent does not accept all or part of your claim. The next stage would be to go to trial if you still weren’t able to reach an agreement.
5) The results
If you prevail in court, the defendant (the person or entity you are suing) will be ordered to compensate you. You might commence a legal procedure to recover the money or property owing to you if that person refuses to pay you. You can be responsible for paying the case’s expenses if you lose.
Although small claims court can easily be handled personally, it is always a good idea to consult with a lawyer to see if your case would benefit from representation.
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