Filing a Small Claims Court Case for Disputes Under $35,000
Mar, 2025
When disputes arise involving amounts under $35,000, Ontario’s Small Claims Court offers a streamlined and cost-effective way to resolve them. Whether you’re dealing with unpaid invoices, property damage, or breach of contract, understanding the process is essential. At Rashidy & Associates, our experienced team, including Mohamed El Rashidy, litigation lawyer from our Toronto office, can help guide you through the process to ensure your rights are protected.
Who Can File a Small Claims Court Case in Ontario?
In Ontario, individuals, businesses, and organizations can file a claim in Small Claims Court as long as the dispute involves $35,000 or less. This includes:
- Unpaid debts or loans
- Breach of contract disputes
- Property damage claims
- Recovery of personal property
If your claim exceeds $35,000, you may choose to abandon the excess amount to remain within Small Claims Court jurisdiction, as this process is often faster and less expensive than proceeding in higher courts.
Our team at Rashidy & Associates, providing civil litigation services in Toronto, can advise you on whether Small Claims Court is the best option for your situation.
Steps to Start a Small Claims Court Lawsuit
Filing a Small Claims Court lawsuit involves several important steps:
Prepare a Plaintiff’s Claim (Form 7A):
This document outlines your claim, the amount sought, and supporting details.
File Your Claim:
Submit your completed form to the appropriate Small Claims Court office and pay the required filing fee.
Serve the Defendant:
You must serve the filed claim on the defendant, ensuring they are formally notified of the legal action.
File an Affidavit of Service:
This document confirms the defendant was properly served.
Our litigation lawyers in Toronto are experienced in preparing detailed and effective claims to strengthen your case and improve your chances of success.
Preparing Evidence for Your Small Claims Court Hearing
Success in Small Claims Court often depends on presenting strong, organized evidence. Consider the following key steps:
Gather Documentation:
Collect invoices, contracts, emails, and photographs that support your claim.
Prepare Witnesses:
Witness testimony can strengthen your position and provide clarity to the judge.
Organize Your Presentation:
Present your evidence logically to clearly demonstrate your position.
Our team at Rashidy & Associates, led by Mohamed El Rashidy, can help you organize and prepare your evidence to ensure your case is presented effectively in court.
What to Expect During and After the Small Claims Trial
During the trial, both parties will present their evidence and make arguments before a judge. Key steps in the trial process include:
Opening Statements:
Each party provides an overview of their case.
Presentation of Evidence:
Documents, photographs, and witness testimony are presented.
Closing Arguments:
Each side summarizes their case for the judge.
Following the trial, the judge may provide an immediate decision or reserve judgment for a later date. If successful, the court may order the losing party to pay your legal costs in addition to the awarded amount.
Should you require guidance during the trial process or wish to explore settlement options, our experienced team at Rashidy & Associates provides expert civil litigation services in Toronto to help you achieve the best possible outcome.
Why Choose Rashidy & Associates for Your Small Claims Court Case
Filing a Small Claims Court case can be a straightforward process, but achieving a successful result often requires careful preparation and strategic legal support. At Rashidy & Associates, our skilled team, including Mohamed El Rashidy, Toronto litigation lawyer, provides personalized advice and representation to help clients navigate Small Claims Court effectively.
For trusted legal guidance on your Small Claims Court matter, contact Rashidy & Associates today to discuss your case and learn how we can assist you.