Getting Started in Small Claims Court:

Question: What should I include in my Plaintiff’s Claim (Form 7A) and what should I leave out when starting a Small Claims Court case in Ontario?

Answer:   Pollock Paralegal can help Ontario consumers prepare and review the Plaintiff’s Claim (Form 7A) for Small Claims Court, so you include the right facts and meet the information requirements under Rule 7 of the Rules of the Small Claims Court while avoiding common pleading pitfalls that can hurt your chances later; if you want to get started with clearer, court-ready wording and next steps, call (519) 694-0363 to book a free 1/4-hour consultation with a paralegal serving Brantford, Milton, Kitchener, Oakville, Hamilton, and surrounding communities in 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 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 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 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.