Getting Started in Small Claims Court:

Question: 1) Starting a Small Claims Court case in Ontario, who can help me complete a Form 7A correctly and review my story before I commence the proceeding?

Answer: 2) Vagans Legal can help Ontario landlords and other everyday claimants start a Small Claims Court matter by guiding you through completing a Plaintiff’s Claim (Form 7A), focusing on the facts and documents that support your claim while reducing common mistakes that can lead to delays, rejections, or added costs.   The team can also help you understand key commencement steps under Rule 7 of the Rules of the Small Claims Court, including what to do if a counterclaim, third party claim, or issues involving parties arise.   If you want practical, plain-language support before you file, call (416) 473-8472 to speak with a paralegal and get started with confidence.

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 the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.