The links below are provided for convenience only.
Information about Court procedures
- The Ministry of the Attorney General’s Guide to procedures in small claims court explains the Court’s processes in more detail.
- Steps to Justice gives legal information in a user-friendly question-and-answer format. It helps litigants find clear answers to their questions and receive suggested next steps and referrals for more information.
Information about Small Claims Court counter services
The Ministry of the Attorney General advises that counter services at Small Claims Court locations continue to be offered from 9:00 a.m. to 11:00 a.m. and from 2:00 p.m. to 4:00 p.m., until further notice.
Parties, lawyers and paralegals are discouraged from physically attending courthouses to file documents in person. The Court strongly encourages anyone wishing to file a Small Claims Court document to do so online through the Small Claims Court E-Filing Service or the Small Claims Court Submissions Online portals. More information about online filing is available on the Ministry of the Attorney General’s website.
Legal assistance
- If you are looking for legal advice on a Small Claims Court issue, you can contact Pro Bono Ontario’s Free Legal Advice Hotline (1-855-255-7256). More information about the Hotline is on Pro Bono Ontario’s website here.
- If you are looking for someone to represent you in Small Claims Court, the Law Society of Ontario’s Law Society Referral Service may be able to help you find a lawyer or paralegal. More information about the service is on the Law Society’s website here.
Legislation
This Act establishes the Small Claims Court’s jurisdiction, composition and deals with other important issues.
Rules, procedures and etiquette
The Rules of the Small Claims Court set out the Court’s procedures.
The Practice and Procedure page contains the policies, protocols and practice directions that govern how cases proceed in the Superior Court of Justice. The Consolidated Provincial Practice Direction contains information about certain topics relevant to the Small Claims Court. These include accessing digital recordings of court proceedings and electronic devices in the courtroom.
Remote hearing etiquette
Remote hearings are court hearings. Everyone attending a remote Small Claims Court hearing should observe the rules on the Superior Court of Justice’s Virtual Courtroom Etiquette page, unless the presiding judge or deputy judge directs otherwise.
In-person hearing etiquette
If you are attending an in-person hearing, it is important to follow proper etiquette when you arrive at court and while you are in the courtroom. You can find out more on the Court Etiquette and Procedures page.
Forms
The Rules of the Small Claims Court require parties to use certain forms in the Small Claims Court.
Small Claims Court forms are available on the Ontario Court Forms website.
Fees
Court fees are set by regulation under the Administration of Justice Act.
Information about Small Claims Court fees is on the Ministry of the Attorney General’s website.
How to pay
Court fees must be paid in Canadian funds. They may be paid by:
- cheque payable to the Minister of Finance
- debit card
- credit card
- cash, or
- money order.
Filing fees for documents filed through an online portal
Parties, lawyers and paralegals filing documents using the Small Claims Court E-Filing Service or the Small Claims Court Submissions Online portals can pay the applicable filing fees through those portals.
Filing fees for documents filed by email
For documents filed by email on March 16, 2020 or later, you can pay filing fees to the Ministry of the Attorney General over the phone through a secure credit card transaction in accordance with a direction made by or on behalf of the clerk. To pay court fees over the phone, contact the Small Claims Court location where you have emailed your documents. Court office phone numbers can be found on the Ministry of the Attorney General’s website.
Cheque payments for documents filed by email must be accompanied by a covering letter with the:
- court file number
- title of proceeding
- name or description of the document that was filed by email
- date of the email filing
- name of the party who filed the document by email, and
- name of that party’s representative (if any).
Fee waiver
If you cannot afford to pay court filing or enforcement fees, you may request a fee waiver. For more information about fee waivers, see the Have your court fees waived page on the Ministry of the Attorney General’s website.
Public and Media Access to Small Claims Court Remote Hearings
Anyone who wishes to hear/observe a remote Small Claims Court hearing may email their request to the Small Claims Court location before the hearing. Each location’s email address is on the Email Accounts for Small Claims Court Locations page. The person requesting access should indicate which hearing they wish to hear/observe and provide their contact information.
Certain proceedings are closed to the media and public by legislation or court order.
Section 136 of the Courts of Justice Act restricts the recording of court hearings.
Dismissals for Delay – Suspended Until Further Notice
Until further notice, the Small Claims Court is not dismissing actions for delay under Rule 11.1 of the Rules of the Small Claims Court.
Ethical Principles for Deputy Judges of the Small Claims Court
In 2010, the Chief Justice of the Superior Court, with the approval of the Deputy Judges Council, established standards of conduct for deputy judges of the Small Claims Court entitled “Ethical Principles for Deputy Judges of the Small Claims Court” (see below). The Principles refer to the Canadian Judicial Council’s Ethical Principles for Judges.
The Ethical Principles for Judges were established by the Canadian Judicial Council to provide ethical guidance for federally appointed judges. These Principles are: Judicial Independence, Integrity, Diligence, Equality, and Impartiality. The Principles as published have Commentaries on each of the Principles.
Section 55 of the Judges Act, R.S.C. 1985, c. J-1, requires that federally appointed judges shall not engage in any occupation or business other than their judicial duties, but shall devote themselves exclusively to their judicial duties.
In Ontario, the Small Claims Court is a branch of the Superior Court of Justice. It is presided over by deputy judges who are appointed by a regional senior judge with the approval of the Attorney General for a term, subject to renewal.
The deputy judges of the Small Claims Court are lawyers who are actively engaged in the practice of law, or retired lawyers or judges. They are members of the Law Society of Ontario and are subject to the Law Society’s Rules of Professional Conduct. They preside in court on a part-time basis. They are remunerated on the basis of sitting days.
The purpose of this statement is to affirm that the Ethical Principles for Judges apply to deputy judges of the Small Claims Court in all respects, subject to the fact that certain of the Commentaries which form part of the Principles should be interpreted to reflect that the deputy judges do not preside full-time and do not have tenure.
Webinar for lawyers and paralegals
In June 2021, the Court’s Small Claims Court Working Group recorded a webinar explaining changes to the Court’s procedures during the COVID-19 pandemic.
The webinar was developed for lawyers and paralegals who practise in the Small Claims Court. However, it is publicly available and may help anyone in the Small Claims Court. Some of the information may no longer be current.
You can watch the webinar here: Small Claims Court Working Group Webinar (June 23, 2021).
Two of the slide decks used in the webinar are available here:
- Small Claims Court Update (June 2021)
- Filing with the Ontario Small Claims Court (June 2021)