Suing in Ontario Small Claims Court: What You Can Recover and How

Someone owes you money and will not pay. A contractor took a deposit and disappeared. A tenant left damage behind, or a customer's cheque bounced. For disputes like these, Ontario's Small Claims Court — a branch of the Superior Court of Justice — is designed to be faster, cheaper, and less intimidating than a full civil lawsuit.

For small business owners and individuals across the Greater Toronto Area, it is often the most practical way to be heard.

How Much Can You Sue For?

This is the question everyone asks, and the answer recently changed. As of October 1, 2025, the monetary limit in Ontario's Small Claims Court is $50,000, up from the previous $35,000. That limit is exclusive of interest and costs.

A few practical points:

If your claim is worth a bit more than $50,000, you can choose to abandon the excess to stay within the Small Claims limit, rather than face the higher cost and complexity of a regular Superior Court action.
The limit applies to claims issued on or after October 1, 2025 — claims started before that date were governed by the older $35,000 cap.

What Kinds of Claims Belong Here

Small Claims Court handles disputes about money owed or the return of personal property, including:

Unpaid invoices, loans, and bounced (NSF) cheques
Breach of contract and unpaid deposits
Deficient or unfinished renovations and repairs
Property damage
Wrongful dismissal claims that fall within the monetary limit

It is not the place for matters like real-estate ownership disputes, defamation handled in higher courts, or family law — those go elsewhere.

How a Case Actually Works

The process is designed to be navigable, but the steps and deadlines are real:

Filing the claim. You start with a Plaintiff's Claim, filed online or at the courthouse, setting out who you are suing, what happened, and how much you want. You then serve it on each defendant.
The defendant responds. A defendant who disputes the claim files a Defence within the time the rules allow. If no Defence is filed, you may be able to ask the court to note the defendant in default and move toward default judgment.
The settlement conference. In defended cases, the court schedules a mandatory settlement conference, where a judge helps the parties narrow the issues or settle. Many cases resolve at this stage.
Trial. Cases that do not settle proceed to a trial, where each side presents evidence and the judge decides.

Small claims cases are won or lost on preparation — your documents, your witnesses, and how clearly you present them. Showing up with a shoebox of receipts and no organized story is the fastest way to lose a winnable case.

Winning Is Only Half the Job: Collecting

A judgment is a court's confirmation that you are owed money — it is not the money itself. If the other side does not pay voluntarily, you may need enforcement tools such as garnishing wages or a bank account, or a writ of seizure and sale against property. Before you spend time and filing fees suing, it is worth asking a hard question: if I win, can this person or business actually pay? Assessing collectability up front saves a lot of wasted effort.

Mind the Limitation Period

Ontario law generally gives you a limited window — commonly two years from when you discovered the claim — to start a proceeding. Wait too long and you can lose the right to sue entirely, no matter how strong the claim. If you think you have a claim, do not sit on it.

A note on costs: Small Claims Court keeps legal costs awards modest by design, so it is not a venue where the loser typically pays the winner's full legal bill. That is part of what keeps it accessible.

This article is general information only and is not legal advice. Every case turns on its own facts.

Small Claims Representation at WP Legal Professional

Whether you are chasing an unpaid debt or defending a claim, preparation decides the outcome. At WP Legal Professional, our licensed paralegals act for plaintiffs and defendants throughout the Small Claims Court process, from filing through trial, serving clients in English, Cantonese, Mandarin, and Korean.

Act now. Contact us for a confidential consultation about your dispute.