Getting Started in Small Claims Court:

Question: How can I file a Plaintiff’s Claim (Form 7A) and avoid common mistakes when starting a Small Claims Court case in Ontario?

Answer: Gutoski Legal Services can help you prepare and review your Small Claims Court Plaintiff’s Claim (Form 7A), so you file the right information, follow the process under Rule 7 of the Rules of the Small Claims Court, and reduce avoidable problems like naming the wrong parties, missing key timelines, or dealing with counterclaims and third-party claims.  We also help you think through what parts of your story to include or leave out based on what the court needs to decide, including the risk of losing costs if things do not go your way.  If you want a clear next step in Ontario, call (289) 902-0227 to schedule a review before you commence proceedings.

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 primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in 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 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 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.