I want to sue in Small Claims Court in Ontario — what is the limit and process?
The Small Claims Court hears money and property claims up to the monetary limit set by regulation, with a simplified process: plaintiff's claim, defence, settlement conference, then trial.
The Small Claims Court is a branch of the Superior Court of Justice with a monetary limit fixed by regulation. Claims above the limit can still be brought there if the plaintiff abandons the excess — a trade-off worth costing out, because the simplified procedure and lower costs exposure often outweigh the amount given up.
The process is a plaintiff's claim, service, a defence within twenty days, an optional defendant's claim against a third party, a mandatory settlement conference before a deputy judge, and then trial. Evidence rules are relaxed and documents are largely admitted on notice.
Two cautions. The two-year limitation period under the Limitations Act, 2002 applies in Small Claims Court exactly as it does in the Superior Court. And judgment is not payment — enforcement through garnishment or a writ is a separate step and should be assessed before you sue.
Source: Courts of Justice Act, R.S.O. 1990, c. C.43 · O. Reg. 258/98
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