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

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  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 am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

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.