Getting Started in Small Claims Court:

Question: What should I do, as a plaintiff, before filing a Plaintiff’s Claim (Form 7A) to start a Small Claims Court case in Ontario, and can a paralegal help me draft the story and avoid costly mistakes?

Answer: ?

Answer: For help commencing a Small Claims Court matter in Ontario, Forseti Legal Services can assist you with practical steps for completing the Plaintiff’s Claim (Form 7A), including what information to include, what to avoid, and how to reduce common filing and pleading errors before you start the case.   The process is governed by Rule 7 of the Small Claims Court Rules, and your next decisions can affect issues like responding to a counterclaim, the risk of costs if you lose, third-party claims, and what happens if names or details are incorrect.   Forseti Legal Services is a paralegal service that focuses on clear guidance for getting your claim organized and ready for court, so you can move forward with more confidence and fewer surprises, and you can contact (705) 806-7577 to arrange a free consultation.

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 of process for starting a legal case in the Small Claims Court can be found in 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. Concerns to carefully 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.  Diligent review of these questions and the potential pitfalls are highly important before getting started.