Getting Started in Small Claims Court:

Question:How do I commence a Small Claims Court lawsuit in Ontario and retain a paralegal to help with my Plaintiff’s Claim (Form 7A)?

Answer:To commence a Small Claims Court case in Ontario you file a Plaintiff’s Claim (Form 7A) and follow the Rules of the Small Claims Court, including Rule 7. The form is mostly fill in the blanks, but the harder part is writing a clear, chronological story that supports your claim and avoids what could harm your case, especially if a counterclaim, third party, or damages and costs issues arise.   A paralegal at Gutoski Legal Services can review your facts, help you complete Form 7A, flag common pleading and timing risks, and prepare you for what happens next in Small Claims Court.   For next steps and a quick consultation in Ontario, call (289) 902-0227.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible 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 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.

Note: Please contact Gutoski Legal Services by phone at: (289) 902-0227 to discuss any specific questions that you may have.

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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than 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.