Small Claims Court in Canada: When and How to File

What Is Small Claims Court?

Small claims court is a division of the provincial or territorial court system designed to resolve civil disputes involving relatively small amounts of money. The rules of evidence and procedure are simplified compared to superior courts, and you do not need a lawyer to represent yourself. Judges (or adjudicators, depending on the province) expect parties to present their case in plain language. Most hearings are completed in a single day.

Small claims courts handle disputes about debts, damaged property, breach of contract, consumer complaints, and disputes over goods and services. They do not handle criminal matters, family law, or disputes that exceed the monetary limit.

Monetary Limits by Province and Territory

Each province and territory sets its own monetary limit for small claims court. If your claim exceeds the limit, you can either reduce your claim to fit within the limit (and forfeit the excess) or file in a higher court, which typically involves more cost and complexity.

Note: These limits are current as of early 2025. Alberta's $50,000 limit (effective as of 2020 under the Provincial Court Act (R.S.A. 2000, c. P-31)) is the highest in Canada. Check your province's court website for the most current figures.

When Small Claims Court Makes Sense

Small claims court is appropriate when all of the following are true:

• You have tried to resolve the dispute directly. Courts expect that you made a good-faith effort to settle the matter before filing. Your complaint letters and the company's responses (or lack of response) become evidence that you attempted resolution.
• The amount is within the court's limit. If your claim exceeds the limit, consider whether the additional cost and complexity of a higher court is worthwhile.
• You have evidence to support your claim. Contracts, receipts, emails, photos, and your complaint correspondence all serve as evidence. The stronger your documentation, the better your chances.
• The defendant is identifiable and can be served. You need the company's legal name and registered address. For Canadian corporations, you can search the federal corporations database or the provincial business registry.

How to File: The General Process

While each province has its own specific forms and procedures, the general process is similar across Canada:

1. Prepare your Plaintiff's Claim. This is the document that initiates the lawsuit. It identifies you (the plaintiff), the company (the defendant), the amount you are claiming, and a brief statement of the facts. Most provinces provide standard forms that you fill in. In Ontario, this is Form 7A under the Rules of the Small Claims Court (O. Reg. 258/98).
2. File the claim with the court. You submit the form and pay the filing fee. In Ontario, the filing fee ranges from $102 (claims up to $500) to $252 (claims over $500) as of 2025. In British Columbia, the Civil Resolution Tribunal charges $75 to $175. Alberta's filing fee is $100 for claims up to $7,500 and $200 for larger claims.
3. Serve the defendant. You must deliver a copy of the filed claim to the defendant. Each province has rules about acceptable service methods, which may include personal service, registered mail, or (in some jurisdictions) email. You cannot serve the documents yourself in most provinces; a third party must do it.
4. The defendant files a Defence. The defendant typically has 20 to 30 days to respond. If they do not respond, you may be able to request a default judgment.
5. Settlement conference or mediation. Many provinces require a pre-trial settlement conference where a judge or mediator tries to help the parties reach an agreement. A large number of cases settle at this stage.
6. Trial. If the matter does not settle, it proceeds to trial. Both sides present their evidence and arguments. The judge makes a decision, usually within a few weeks of the hearing.

Costs and Timelines

The total cost of a small claims action typically ranges from $150 to $500, including filing fees, service costs, and photocopying. If you win, the court will usually order the defendant to pay your filing fee and reasonable disbursements in addition to the amount of your claim.

Timelines vary significantly by province and court location. In major urban centres, expect three to eight months from filing to trial. In less busy jurisdictions, it may be faster. The settlement conference, which happens before trial, often resolves the matter sooner.

Limitation Periods

You must file your claim within the limitation period, which is the legal deadline for starting a lawsuit. In most provinces, the general limitation period is two years from the date you discovered (or ought to have discovered) the issue. Ontario's limitation period is set by the Limitations Act, 2002 (S.O. 2002, c. 24, Sched. B). British Columbia's is governed by the Limitation Act (S.B.C. 2012, c. 13). Missing this deadline means your claim will likely be dismissed regardless of its merits.

Practical Tips

• Organize your evidence before filing. Create a chronological file with contracts, receipts, emails, complaint letters, and the company's responses. This becomes your “book of documents” for the hearing.
• Be prepared to negotiate. Many companies will offer a settlement once they are served with a claim, to avoid the cost and inconvenience of attending court. Consider whether a reasonable settlement offer is acceptable.
• Consider a paralegal. In Ontario, licensed paralegals can represent you in small claims court at a lower cost than a lawyer. Other provinces allow “agents” to assist you in similar ways.
• Enforcing a judgment. Winning a judgment does not automatically mean you get paid. If the defendant does not pay voluntarily, you may need to take enforcement steps such as a garnishment order or a writ of seizure and sale.