Small Claims Court in Ontario: 2026 Limit, Fees and How to Sue

Small Claims Court in Ontario is a branch of the Superior Court of Justice that hears lawsuits for money or personal property worth up to $50,000, not counting interest and costs ^[2][3]. The limit rose from $35,000 on October 1, 2025 ^[1][10]. As of November 2026, filing a claim costs $108 for most people, and you can do it yourself online, by mail or in person ^[5][6].

This guide covers what qualifies, the current fees, how to sue someone in Ontario step by step, the deadlines that matter, what you can recover if you win and how to collect. It is general information, not legal advice. Rules and fees change, so check the court's current forms and fee schedule before you file.

What is the Small Claims Court limit in Ontario?

The maximum amount of a claim in Ontario's Small Claims Court is $50,000 ^[2]. The figure is set by Ontario Regulation 626/00, which was amended by O. Reg. 42/25 to raise the limit from $35,000, effective October 1, 2025 ^[2][10]. The limit had been $25,000 before it moved to $35,000 in 2020 ^[10].

A few points about how the limit works:

• It excludes interest and costs. The Courts of Justice Act measures the limit by the amount claimed "exclusive of interest and costs" ^[3].
• You can waive the excess. If your claim is worth more than $50,000, you can still sue in Small Claims Court, but you give up any amount above the limit ^[1].
• Appeals have a threshold too. The minimum amount for an appeal to the Divisional Court rose from $3,500 to $5,000 on the same date ^[2][10].
• Claims within the limit generally start here. Since July 1, 2024, an action within the Small Claims Court's jurisdiction cannot be started in the Superior Court of Justice without that court's leave ^[3].

What kinds of claims can you bring in Small Claims Court?

The court can hear two kinds of action: claims for the payment of money, and claims to recover personal property, where the amount or value is within the limit ^[3]. Ontario's guide gives these common examples [1]:

• money owed under an agreement, such as unpaid invoices for goods or services, unpaid loans, unpaid rent or NSF cheques
• damages for property damage, personal injury or breach of contract

Individuals, sole proprietors and corporations can all sue and be sued. The court cannot order someone to do something other than pay money or return personal property, so if what you really want is, for example, a declaration about land or an injunction, Small Claims Court is the wrong forum.

How much does it cost to file a small claim in Ontario?

Court fees depend on whether you are a frequent or infrequent claimant. A frequent claimant is one who has already filed 10 or more claims in the same Small Claims Court office in the current calendar year; everyone else is an infrequent claimant ^[4]. The fees below are set by O. Reg. 332/16 and are current as of November 2026 ^[4][5].

The regulation provides for fees to be adjusted for inflation starting January 1, 2027, and every third year after that, so expect changes ^[4]. Enforcement through the sheriff or a bailiff carries separate fees; for example, each sheriff's attempt to enforce a writ of seizure and sale costs $240 ^[5]. If you cannot afford court fees, you can apply for a fee waiver ^[5][6].

For a typical infrequent claimant whose case goes all the way to trial, the court fees alone add up to $416 ($108 to file plus $308 to set the trial date), before any costs for service, witnesses or a representative.

How do you sue someone in Ontario Small Claims Court, step by step?

Ontario's guide breaks the process into deciding whether to sue, starting the claim, waiting for a response, the settlement conference and trial, and enforcement ^[1]. Here is how that works in practice under the Rules of the Small Claims Court.

1. Check your deadline and whether you can collect. Confirm you are within the limitation period (see below) and think honestly about whether the other side has income or assets. A judgment you cannot enforce is worth little ^[1].
2. Try a demand letter. It is not required, but a clear written demand with a deadline often settles a dispute and shows the court you acted reasonably.
3. Choose the right court location. You generally sue where the events happened, where the defendant (or any one of them) lives or carries on business, or at the court location nearest to where the defendant lives or does business ^[7].
4. Complete a Plaintiff's Claim (Form 7A). An action is started by filing Form 7A with the clerk, with a copy for each defendant ^[7]. Set out who the parties are, what happened, the amount you claim and how you calculated it, and attach copies of key documents such as contracts and invoices. Use Form 1A if you have more parties than the form allows ^[1].
5. File the claim and pay the fee. You can file in person, by mail or online ^[1]. Since October 14, 2025, online filings for the Toronto region must go through the Ontario Courts Public Portal; other regions continue to use the Small Claims Court Submissions Online portal ^[6]. You need an Ontario.ca login and a Visa, Mastercard or debit card, and court staff review online submissions within three business days ^[6]. The clerk issues the claim by dating, signing and sealing it and assigning a court file number ^[7].
6. Serve the defendant within six months. The issued claim must be served within six months, though the court can extend that time ^[7]. An individual is served personally by leaving a copy with them, or by an alternative to personal service allowed by the rules ^[7]. Prove service with an Affidavit of Service (Form 8A) ^[1].
7. Wait for a defence, or ask for default judgment. The defendant has 20 days after being served to serve and file a Defence (Form 9A) ^[7]. If no defence is filed, you can ask the clerk to note the defendant in default, and for a debt or fixed sum the clerk may sign default judgment (Form 11B) ^[7].
8. Attend the settlement conference. Every defended action has a settlement conference, which is supposed to be held within 90 days after the first defence is filed ^[7]. At least 14 days before it, each party must serve and file copies of the documents they rely on and a List of Proposed Witnesses (Form 13A) ^[7]. A judge helps the parties discuss settlement, and what is said stays confidential ^[7]. If the amount in dispute is under the appeal limit and all parties sign a Consent (Form 13B), the judge can decide the case at the conference if it does not settle ^[7].
9. Set the matter down for trial. If the case is not resolved within 30 days after the settlement conference, one party must request a trial date and pay the fee ^[7]. The judge who ran the settlement conference cannot preside at the trial ^[7]. A trial management conference may be scheduled first ^[1].
10. Present your case at trial. Bring organized documents and witnesses. You can compel a witness to attend with a summons ^[5][7]. The judge decides the case and any costs.

Settlement is possible at any point. A written offer to settle can be made at any time, and if the other side does not accept an offer that turns out to be as good as or better than the result at trial, the court can award up to twice the usual costs, subject to conditions in the rules ^[7].

What is the limitation period to sue in Ontario?

In most cases you must start your claim within two years of the day the claim was discovered ^[8]. Under the Limitations Act, 2002, a claim is discovered on the earlier of the day you first knew you had suffered a loss, that it was caused by the other party's act or omission, and that a lawsuit was an appropriate way to remedy it, and the day a reasonable person in your circumstances ought to have known those things ^[8]. The law presumes you knew on the day the act or omission happened unless you prove otherwise ^[8].

There is also an ultimate limitation period: no proceeding can generally be started more than 15 years after the act or omission, regardless of discovery ^[8]. Some claims have different deadlines under other laws, so if you are close to two years, get advice quickly. Missing the deadline usually ends the claim.

What costs can you recover if you win?

The Small Claims Court keeps costs modest by design.

• The 15% cap. An award of costs, other than disbursements, cannot exceed 15% of the amount claimed, unless the court decides to penalize unreasonable behaviour ^[3]. On a $50,000 claim, that is a maximum of $7,500 in costs.
• Disbursements. A successful party is generally entitled to reasonable disbursements, such as court fees, service, travel and expert reports. Service is normally capped at $60 per person served, and preparing a claim or defence at $200 ^[7].
• Representation fee. A winner represented by a lawyer, student-at-law or paralegal may be awarded a reasonable representation fee for the trial ^[7].
• Self-represented winners. The court can order the losing party to pay a self-represented winner up to $500 for inconvenience and expense ^[7].
• Steps along the way. Costs for a settlement conference, motion or trial management conference are generally limited to $100 each, other than disbursements, unless there are special circumstances ^[7].

The flip side applies too. If you lose, you may have to pay part of the other side's costs as well as your own ^[1].

How do you enforce a Small Claims Court judgment?

Winning does not guarantee payment. If the debtor does not pay, the rules give you several enforcement tools, most started with an Affidavit for Enforcement Request (Form 20P) [7]:

• Examination hearing. A notice of examination (Form 20H) requires the debtor to attend court and answer questions about income, assets and ability to pay. An individual debtor must complete a financial information form (Form 20I) ^[7].
• Garnishment. You can garnish debts owed to the debtor by others, such as wages or bank accounts ^[7].
• Writ of seizure and sale of personal property. A bailiff can seize and sell the debtor's goods ^[7].
• Writ of seizure and sale of land. Filed with the sheriff, this can attach to land the debtor owns. After six years from the order, you need the court's leave to issue one ^[7].

Each step has its own fee, listed in the table above. Many people start with an examination hearing to learn what the debtor has before paying for garnishment or a writ.

Do you need a lawyer or paralegal for Small Claims Court?

No. You can represent yourself, and the court's forms and process are designed for people without legal training ^[1]. Both lawyers and licensed paralegals can represent you in Small Claims Court, but only a lawyer can represent you in the Superior Court of Justice or the Court of Appeal ^[9]. The Courts of Justice Act allows representation by anyone authorized under the Law Society Act, and the court can exclude an unlicensed representative it finds is not competent ^[3].

Free and low-cost help exists. Steps to Justice points people to Pro Bono Ontario, JusticeNet and community legal clinics, as well as directories of lawyers and paralegals ^[9]. Hiring help for one part of the case, such as drafting the claim or preparing for trial, is another way to manage cost. Our guide to how much a lawyer costs in Canada explains hourly, flat-fee and limited-scope arrangements.

When is a claim better handled by a lawyer or in Superior Court?

Small Claims Court works well for straightforward disputes with clear documents. Consider a lawyer, or the Superior Court of Justice, when:

• Your claim is worth well over $50,000. Suing in Small Claims Court means permanently giving up the excess ^[1].
• You need more than money or property back. The court's jurisdiction is limited to money and personal property ^[3].
• The legal issues are complex. Professional negligence, serious personal injury, multiple parties or disputed expert evidence can benefit from a civil litigation lawyer.
• The other side is well resourced. A corporation or insurer with counsel may make procedure and evidence harder to manage alone.
• The limitation period is close or unclear. Getting the deadline wrong usually cannot be fixed later ^[8].
• You are being sued. A defendant who ignores a claim risks default judgment after 20 days ^[7].

Remember that Superior Court cases carry different cost rules than the 15% cap that applies in Small Claims Court, which raises both the potential recovery and the risk ^[3][10].

To find someone near you, browse civil litigation lawyers in Ontario, or start with Toronto or Ottawa. Our guide on how to find a lawyer in Canada covers what to ask in a first consultation.