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

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 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 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.  Diligent review of these questions and the potential pitfalls are highly important before getting started.