Getting Started in Small Claims Court:

Question: How do I commence a Small Claims Court lawsuit in Ontario and prepare a Plaintiff’s Claim (Form 7A) correctly?

Answer: To commence a Small Claims Court proceeding in Ontario, you prepare and issue the Plaintiff’s Claim (Form 7A), using the facts in a clear, sensible chronology, then make sure your claim meets the procedural requirements in Rule 7 of the Rules of the Small Claims Court; a paralegal at Forseti Legal Services can help you draft the story part, check party details, and flag common risks like counterclaims, third-party claims, potential costs exposure, and what to avoid so you are not forced into preventable complications.   If you are ready to start, call (705) 806-7577 for a free 1/4-hour consultation with Forseti Legal Services to review your situation and discuss the next steps.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 Forseti Legal Services by phone at: (705) 806-7577 to discuss any specific questions that you may have.

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 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.