Getting Started in Small Claims Court:

Question: What should I include in my Small Claims Court Plaintiff’s Claim (Form 7A) when commencing a proceeding?

Answer: Woodcock Legal Services can help you prepare and review your Plaintiff’s Claim (Form 7A) to properly commence a proceeding in Ontario’s Small Claims Court under Rule 7, including what to say, what to avoid saying at the start, and how to think through key risks like counterclaims, costs if you lose, third parties, and naming the wrong party.  Getting the story and required details right early can reduce delays and strengthen your position, and professional legal services from Woodcock Legal Services can also help you consider next steps such as retaining counsel and responding strategically if issues arise.  Call (613) 334-6721 for legal guidance and support.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The primary parts of the form are relatively easy involving simple fill in the blanks information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.

Although people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Concerns to carefully consider include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.