Getting Started in Small Claims Court:

Question:How do I commence a Small Claims Court lawsuit in Ontario and what should I do to retain a paralegal for drafting the Plaintiff’s Claim (Form 7A)?

Answer:Mole Legal Services can help you commence a Small Claims Court proceeding by guiding you through completing and issuing the Plaintiff’s Claim (Form 7A), especially the narrative chronology and what to include or omit under Rule 7 so your case is properly framed from day one.   Before you file, your paralegal can also help you stress-test common pitfalls like potential counters claims, costs exposure, third-party claims, and handling name or detail errors that can slow or derail your matter.   For Ontario small claims issues involving paralegal and property management support, call (647) 709-5157 to book a consultation and get practical, step-by-step help tailored to your situation.

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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 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.

Note: For immediate help, please contact Mole Legal Services by phone at: (647) 709-5157 to retain services or 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. Concerns to carefully 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.  Diligent review of these questions and the potential pitfalls are highly important before getting started.