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

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, if any.  There are various rules regarding the extent of information that is required.  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 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. Diligent review of these questions and the potential pitfalls are highly important before getting started.