Getting Started in Small Claims Court:

Question: How do I start a Small Claims Court lawsuit in Ontario and when should I retain a paralegal to help draft my Plaintiff’s Claim?

Answer: To start a Small Claims Court case, you generally file a Plaintiff’s Claim using Form 7A, then make sure your story is in a clear, sensible chronology and that the claim details match the court’s pleading requirements in Rules of the Small Claims Court (Rule 7).nbsp; Many people proceed without help, but common early problems include being countersued, misstating facts, naming the wrong party, or later facing costs and potential complications if the case expands or a third party is added.nbsp; If you want support drafting and reviewing the Plaintiff’s Claim and planning next steps, Askew Paralegal Services can help you move forward in Ontario Small Claims Court with clear, practical guidance; call (289) 439-4740 to book a consultation.

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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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Note: Please contact Askew Paralegal Services by phone at: (289) 439-4740 to discuss any specific questions that you may have.

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. Before starting a Small Claims Court lawsuit, questions to 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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.