How to File a Claim in Small Claims Court Ontario

If 20 days have passed since the date you served the claim on the defendant and you have not been served with a defence, return to Ontario.ca/smallclaims, click « File a new claim or view an existing claim » and log in to your Key-ONe account. If you submitted your application using the Connection Wizard, select your case and click Next Steps. Scroll to the bottom for instructions on how to cancel a claim. Select End Claim Now and fill out the form. If you have filed a pending claim, you can apply for a default judgment at any time after you find that your claim from the defendant(s) is in default. You must give the defendant a defence 20 days from the effective date of service and submit it to the court. If your documents are refused, you can resolve the issues and resubmit the revised documents and appropriate court fees to court. When the form has been sent to the court, a summary appears. An assessment hearing is sometimes called an undefended procedure. After you make your application, the court clerk will send you a notice of the assessment hearing, including the date, time and location of your hearing. You must appear in court and explain to the judge what you are owed and why. For more information, see the Court Preparation Guide.

You can use the quick file method if you are a lawyer or have experience in small claims litigation. Make sure your applicant`s application is complete and ready for upload. Once your payment has been processed, your request for an assessment hearing will be submitted to the court. A summary of your submission will be posted, including the application number and the time and date your application was submitted. You don`t need to go to court right now. The judge will review your documents and send you a decision by email. If you have not received a court decision (called an endorsement file) from the court within six weeks, you can contact the Small Claims Court office where you filed your application to inquire about its status. Keep in mind that if you file a form outside of normal business hours, it will be processed by the court the next business day. If you do not receive it within five business days, contact the court office for more information. Under the Small Claims Court rules, you must send a printed copy of your application and attachments, affidavit, notice of application and supporting documents to the Small Claims Court listed above in your applicant`s application within 14 days. The Small Claims Court is a division of the Superior Court of Justice and handles almost half of all civil actions in the province. The Tribunal has civil jurisdiction over monetary claims up to $35,000 and provides Ontarians with an effective and cost-effective forum to assert or defend these claims.

The Small Claims Court rules provide for streamlined procedures so that cases can be decided at a lower cost and in less time for litigants than cases before the Supreme Court. Continue with ServiceOntario.ca, log in to your ONe-key account, and click on the My Existing Rights page. Court forms must be printed and submitted on paper to the Registry unless the Small Claims Court Rules of Procedure permit the filing of the Court form electronically. Please refer to the Small Claims Court Rules for information on which forms can be submitted electronically. For more information, visit the Government of Ontario website. If you have questions about filing your application through ServiceOntario`s Small Claims e-filing portal, please email smallclaimsonline@ontario.ca or call 1-800-980-4962. If you served the plaintiff`s claim on the defendant and the defendant did not file a defense, you can abandon (quash) your claim against the defendant. Your current claim should be visible on this page. Select the claim number, and then click Next Steps. On the My Existing Claims page, select the case from the list of open claims, and then click Next Steps.

To submit the affidavit, go to Ontario.ca/smallclaims, click on « Submit a new application or view an existing application » and log in to your ONe-key account. The ONe Key ID is a unique electronic identifier that allows you to securely communicate with government services online. You must log in with your eONe ID number each time you use the Small Claims Online Service. Forms submitted online after regular business hours will be accepted and dated the next business day. For example, if you file your form on a Friday after 5:00 p.m., you will receive an email from the court on Monday with the lawsuit issued. You must explain why you are making the claim, how much money you want to claim, and provide basic information about yourself and the defendant(s). If 20 days have passed and you have not received a defence from the defendant, you can ask the court to make a decision on your application based solely on the evidence you have presented. This is called a default judgment. Note that the fee for filing your default judgment is $89 (or $121 for frequent plaintiffs who have already filed 10 claims in Small Claims Court this year). You will receive an email from the court with your issued document attached to the email when you submit: You can file an updated (amended) claim online if you have not yet served your claim on one of the defendants.

If you have already filed your claim with one or more defendants, you may file an amended claim in Small Claims Court listed above in your plaintiff`s application. For more information, see Rule 12 of the Small Claims Court Rules. No fee will be charged for filing a modified claim. Yes. If you had a contract with the defendant that included an interest rate, you will include that rate in your claim. If you did not have a contract or if you did not accept an interest rate, you can find out about the Courts of Justice Act in your lawsuit.