Small Claims Court is a civil court for disputes involving smaller sums of money. The process is faster, cheaper, and less formal than Superior Court — and you do not need a lawyer to use it. The rules, limits, and procedures vary significantly by province.
What Small Claims Court Handles
Small Claims Court resolves civil disputes over money only. It does not handle criminal matters, family law, or immigration.
Common claim types:
- Unpaid invoices or loans between individuals or businesses
- Contractor disputes — work done but not paid, or paid but not completed
- Defective goods or services
- Minor property damage
- Security deposit disputes (in provinces where deposits are permitted)
- Breach of a small contract
What it cannot do: award custody, grant a divorce, or order someone to perform a specific action. Specific performance is rarely available in Small Claims Court — the remedy is almost always money.
Monetary Limits by Province
The maximum amount you can claim varies widely across Canada. Alberta has the highest limit; Manitoba has the lowest among the larger provinces.
| Province / Territory | Monetary Limit | Court Name |
|---|---|---|
| Ontario | $35,000 | Small Claims Court |
| British Columbia | $35,000 | Small Claims Court |
| Alberta | $50,000 | Civil Claims (Provincial Court) |
| Quebec | $15,000 | Small Claims Division (Court of Quebec) |
| Nova Scotia | $25,000 | Small Claims Court |
| New Brunswick | $20,000 | Small Claims Court |
| Saskatchewan | $20,000 | Small Claims Court |
| Newfoundland and Labrador | $25,000 | Small Claims Court |
| Manitoba | $10,000 | Small Claims Court |
British Columbia note: The Civil Resolution Tribunal (CRT) handles disputes online. For general claims, the CRT limit is $5,000. For motor vehicle injury claims under ICBC Enhanced Care, the CRT handles disputes up to $50,000 — a significant expansion since 2021.
Quebec note: Lawyers are not permitted to represent parties in Quebec's Small Claims Division. Both sides must represent themselves. This is unique in Canada.
If your claim exceeds the provincial limit, you have two options: reduce your claim to fit within the limit and waive the excess, or file in a higher court where costs and procedural complexity increase substantially.
Filing Fees
Filing fees are set by each province and scale with the claim amount. Ontario's fee structure as of 2026:
| Claim Amount | Filing Fee (Ontario) |
|---|---|
| Up to $1,000 | $102 |
| $1,001 – $10,000 | $204 |
| $10,001 – $35,000 | $394 |
Additional fees apply for serving documents through the court, issuing a summons to a witness, or enforcing a judgment. In Ontario, you can include your filing fee in the amount claimed — if you win, the defendant pays it back.
Alberta and BC use similar tiered structures. In all provinces, the filing fee is a fraction of what a lawyer would charge for even a single hour of work on the same matter.
Step-by-Step: How to File a Claim in Ontario
Ontario's process is representative of most common-law provinces, with local variations in form names and timelines.
Step 1 — Send a demand letter first. Give the other party a written deadline — typically 10 to 14 days — to pay or respond. Courts look favourably on claimants who attempted to resolve the dispute before filing. Keep a copy of everything you send.
Step 2 — Complete the Plaintiff's Claim (Form 7A). Available at the courthouse or through Ontario Court Services online. Describe the facts clearly, state the amount claimed, and include any pre-judgment interest you are claiming.
Step 3 — File at the correct courthouse. File in the court district where the defendant lives or carries on business, or where the contract was to be performed. Pay the filing fee at the counter.
Step 4 — Serve the defendant. The defendant must receive a copy of the claim. Ontario allows personal service, service by mail with acknowledgment of receipt, or leaving it at the defendant's place of business. You have six months from the filing date to complete service.
Step 5 — Defendant responds. The defendant has 20 days after being served to file a Defence. If they do not respond, you can request a default judgment without a hearing.
Step 6 — Settlement conference. Mandatory in Ontario before any trial. A judge or deputy judge meets with both parties to explore settlement. Many cases resolve at this stage. If not, the matter proceeds to trial.
Step 7 — Trial. Both sides present evidence and witnesses. Trials in Small Claims Court are less formal than Superior Court — strict rules of evidence do not apply. Judges ask questions directly. Most trials last half a day to a full day.
Step 8 — Judgment. The judge issues a decision, usually within a few weeks of the trial. The judgment states the amount owed and by whom.
Enforcing a Judgment: Getting Paid After You Win
Winning a judgment does not mean you automatically receive payment. If the defendant does not pay voluntarily, you must enforce the judgment yourself using additional court filings.
| Enforcement Method | How It Works |
|---|---|
| Garnishment of wages | Court order directing the employer to deduct up to 20% of net wages (Ontario) |
| Garnishment of bank account | Court order directing the bank to pay funds from the debtor's account |
| Writ of seizure and sale | Sheriff seizes and sells the debtor's non-exempt property |
| Examination of debtor | Court hearing where the debtor must answer questions about their assets and income under oath |
Each enforcement step requires additional court filings and fees. Before filing a claim, consider whether the defendant can actually pay. A judgment against someone with no income and no assets is difficult to collect regardless of the amount.
Who Can Represent You
| Province | Lawyer Permitted | Paralegal Permitted | Self-Representation |
|---|---|---|---|
| Ontario | Yes | Yes (LSO-licensed only) | Yes |
| British Columbia | Yes | No | Yes |
| Alberta | Yes | No | Yes |
| Quebec | No | No | Required |
| Nova Scotia | Yes | No | Yes |
Ontario is the only province in Canada where paralegals are a licensed profession regulated by the Law Society of Ontario, with full court appearance rights. A licensed paralegal can represent you in Small Claims Court for significantly less than a lawyer charges. For a $15,000 contract dispute, a paralegal might charge $800–$1,500 in fees; a lawyer handling the same matter might charge $3,000–$5,000.
In most provinces, you can bring a support person to help you organize documents, but that person cannot speak on your behalf unless they hold a licence to practise law.
Limitation Periods: Do Not Wait
You must file your claim before the limitation period expires. Missing the deadline means losing the right to sue, regardless of how strong your case is.
| Province | Limitation Period | Legislation |
|---|---|---|
| Ontario | 2 years from discovery | Limitations Act, 2002 |
| British Columbia | 2 years from discovery | Limitation Act |
| Alberta | 2 years from discovery | Limitations Act |
| Quebec | 3 years | Civil Code of Quebec, art. 2925 |
| Nova Scotia | 2 years | Limitation of Actions Act |
The clock starts when you knew — or reasonably should have known — that you had a claim. For an unpaid invoice due January 1, 2024, the Ontario limitation period expires January 1, 2026. Courts have very limited discretion to extend these deadlines.
Civil Resolution Tribunal (BC): Online Dispute Resolution
British Columbia's Civil Resolution Tribunal (CRT) is a fully online dispute resolution body. It is mandatory for:
- Strata (condo) disputes of any amount
- Motor vehicle injury claims up to $50,000 under ICBC Enhanced Care
- Small claims disputes up to $5,000
The CRT process moves through three stages: negotiation, facilitation, and a tribunal decision — all conducted online through written submissions. No in-person hearing is required. For straightforward disputes under $5,000, the CRT is faster and cheaper than filing in Small Claims Court. Decisions are legally binding and enforceable in the same way as court judgments.
FAQ
What happens if the defendant does not show up to the trial?
If the defendant was properly served and does not appear at trial, the judge can proceed in their absence and grant judgment based on your evidence alone. This is called an undefended trial. You still need to present your evidence — the judge will not accept your claim without proof. Bring all documents: contracts, invoices, emails, photos, and written communications. The judgment issued is fully enforceable.
Can I claim interest on top of the amount owed?
Yes. In Ontario, you can claim pre-judgment interest under the Courts of Justice Act. The rate is set quarterly by the Ministry of the Attorney General — in 2026, the prejudgment interest rate for non-pecuniary claims is 3.0% per year. If your contract specified an interest rate, that rate applies instead. Post-judgment interest accrues from the date of the judgment until the debt is paid in full.
What is a default judgment and how do I get one?
A default judgment is issued when the defendant fails to file a Defence within the required time — 20 days in Ontario after being served. You file a Request to Clerk (Form 9B in Ontario) asking the court to note the defendant in default. Once noted in default, you can request a default judgment from the clerk for a liquidated claim (a fixed, calculable amount such as an unpaid invoice), or attend an undefended hearing before a judge for an unliquidated claim where damages need to be assessed. The clerk cannot assess damages — only a judge can do that.
Does a Small Claims Court judgment affect the defendant's credit rating?
A judgment is a matter of public record, but it does not automatically appear on a credit report. However, if you register the judgment as a lien against the debtor's property or file a writ of execution with the sheriff's office, it becomes part of the public record that lenders and credit bureaus may discover during title or credit searches. Some creditors report unpaid judgments to credit bureaus directly. The practical effect on the debtor's credit depends on whether the judgment is registered and whether the debtor applies for credit that triggers a search of public records.