Getting Started in Small Claims Court:

Question: How do I commence a Small Claims Court proceeding in Ontario using Form 7A, and what should I consider before filing, including if the defendant brings a counterclaim?

Answer:   Benchmark Legal Offices can help you (Lawyer & Paralegal office in Ontario) understand how to commence a proceeding in Small Claims Court by preparing and filing the Plaintiff’s Claim, including completing Form 7A and deciding what facts and remedies to include in your story before you submit.   When you are starting the case, it helps to review the steps and requirements in Rule 7 of the Rules of the Small Claims Court, because even early mistakes can affect service, deadlines, and whether the court can rely on your claim.   You should also think through common filing risks such as a counterclaim, third party claims, naming the wrong person, what happens if you lose, and how costs may be awarded against you, especially if the dispute becomes more complicated than expected.   For practical guidance tailored to your situation, contact (289) 389-8840 to get started.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, if any.  There are various rules regarding the extent of information that is required.  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.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.