Getting Started in Small Claims Court:

Question: How can Thamar Bilingual Legal Services Ontario help me commence a Small Claims Court case in Ontario and decide what to include in my Plaintiff’s Claim form (Form 7A)?

Answer: ?

Answer: Thamar Bilingual Legal Services Ontario helps Ontario clients prepare and file a Plaintiff’s Claim (Form 7A) to commence a Small Claims Court proceeding, explain what to include in the story and what to avoid at the start under the court rules (including Rule 7), and walk you through common early risks like countersuits, potential costs, misnaming parties, and third-party claims.  They also provide bilingual paralegal services in English and français, so you can get clear next steps before you submit anything, and if you want human help reviewing your draft before filing, call (647) 818-7974 for support in Ontario.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible 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.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• 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.