Overview
Small Claims Court is a simplified division of provincial court designed for everyday disputes involving money — unpaid invoices, security deposit theft, consumer fraud, property damage, minor contract breaches, and more. The procedures are streamlined so that ordinary people can represent themselves without a lawyer. Filing fees are modest, the process is relatively quick, and judges are experienced in helping self-represented litigants navigate the process.
If you win, the defendant is typically ordered to pay:
- The amount you’re owed
- Your court filing fees
- Sometimes interest
Claim Limits by Province (2024)
| Province | Small Claims Limit |
|---|---|
| Ontario | $35,000 |
| British Columbia | $35,000 |
| Alberta | $50,000 |
| Quebec (Small Claims) | $15,000 |
| Manitoba | $10,000 |
| Saskatchewan | $20,000 |
| Nova Scotia | $25,000 |
| New Brunswick | $20,000 |
| PEI | $16,000 |
| Newfoundland | $25,000 |
For amounts above these limits, you can still sue in Small Claims by voluntarily reducing your claim — or you’ll need to go to a higher court.
Common Types of Claims
- Unpaid wages or freelance invoices
- Security deposit disputes with landlords
- Defective goods or poor workmanship
- Car damage from accidents (when no insurance)
- Loans to individuals who won’t repay
- Consumer fraud or misrepresentation
- Minor personal injury (Ontario limit applies)
How to File
Step 1 — Send a demand letter first. Before filing, send a written demand letter giving the defendant a specific deadline (10–14 days) to pay or resolve the dispute. This is often enough to settle the matter, and courts look favourably on claimants who attempted resolution first.
Step 2 — Complete the claim form. Each province’s court website provides fillable claim forms. In Ontario: Form 7A (Plaintiff’s Claim). In BC: Notice of Claim. Describe clearly: what happened, what you’re owed, and why the defendant is responsible.
Step 3 — Pay the filing fee. Typically $50–$200 depending on the claim amount and province. If you win, these fees are usually awarded against the defendant.
Step 4 — Serve the defendant. The defendant must be formally served with the claim. Most provinces allow service by registered mail, courier, or personal delivery. Follow the specific rules for your province — improper service can invalidate your claim.
Step 5 — Attend the settlement conference (many provinces). Many provinces schedule a settlement conference before the trial — a judge (or dispute resolution officer) meets with both parties to explore settlement. Many cases resolve here.
Step 6 — Trial. If unresolved, a trial is scheduled. Bring all evidence: contracts, invoices, photos, texts, emails, receipts. Organize your documents clearly. Speak directly to the judge, not to the other party.
Step 7 — Enforce the judgment. Winning a judgment doesn’t automatically mean you get paid. If the defendant refuses to pay, you can: garnish their wages, garnish their bank account, or register the judgment against their property. The court can help with these enforcement steps.
What Most People Don’t Know
- Lawyers are restricted in many provinces. Ontario, for example, prohibits lawyers from appearing in Small Claims Court hearings on behalf of clients (paralegals may appear). This actually levels the playing field significantly.
- Corporations can be sued. You can sue a company, not just individuals. Use the corporation’s registered name — search the provincial corporate registry to find the correct legal name.
- Interest runs on your judgment. Prejudgment interest is available in most provinces from the date the amount became owing. Post-judgment interest runs until the defendant pays.
- Counterclaims are possible. The defendant can file a counterclaim against you. Consider the merits of your case carefully before filing — a strong counterclaim could leave you owing money.
- The defendant’s costs can be awarded against you in Ontario if the judge finds your claim was frivolous or vexatious. Don’t file without a genuine, documented basis.
- Online filing is available in BC and Ontario — you don’t even need to go to the courthouse to start your claim.
Frequently Asked Questions
Do I need a lawyer to sue in Small Claims Court in Canada?
No — small claims procedures are specifically designed for self-represented individuals. In Ontario, lawyers are actually prohibited from appearing at Small Claims Court hearings on behalf of clients (licensed paralegals may appear). Judges in small claims are experienced with self-represented parties and will explain the process at the hearing.
What is the time limit for filing a small claims case?
In most provinces, you must file your claim within two years of the incident — this is the standard civil limitation period under provincial Limitations Acts. If you wait longer, a judge can dismiss the case. Send a demand letter promptly and file if the dispute isn’t resolved.
What happens if I win but the defendant doesn’t pay?
Winning a judgment does not automatically mean you receive payment. If the defendant refuses to pay, you must enforce the judgment yourself — common methods include garnishing the defendant’s wages, garnishing their bank account, or registering the judgment against their real property. The court can assist with enforcement steps, but the initiative is yours.
Can I sue a corporation in Small Claims Court, or only individuals?
You can sue a business or corporation. Use the company’s correct legal name — search the provincial corporate registry to find it. Suing under an incorrect or informal trade name can complicate service and enforcement, so it’s worth taking 5 minutes to confirm the registered legal name before filing.
Can I sue for the full amount even if it slightly exceeds the small claims limit?
You can voluntarily reduce your claim to fit within the small claims limit — but you permanently waive the excess. Alternatively, for amounts significantly above the limit, you would file in a higher court (e.g., Ontario Superior Court of Justice), where rules are more formal and legal representation becomes more important.