Getting Started in Small Claims Court:

Question: How can a paralegal help me start a Small Claims Court case in Ontario using the Plaintiff’s Claim form 7A and avoid common mistakes before I file?

Answer:     Askew Paralegal Services can help you organize the facts for your Plaintiff’s Claim (Form 7A), identify what details to include first, and review your claim before you file in Ontario Small Claims Court so you reduce avoidable problems like naming the wrong party, missing required information, or being unprepared for counterclaims, third party claims, or cost consequences under Ontario’s Rules of the Small Claims Court, O. Reg. 258/98.  If you want guidance on commencing proceedings and retaining the right legal support, call (289) 439-4740 to discuss your situation and get a free half hour consultation with Askew Paralegal Services in Hamilton and surrounding areas across Ontario.

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 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 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.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.