If you are starting the case, then you are a plaintiff. The party or parties that you are suing are the defendants. All plaintiffs and defendants in the case are parties.

The first step is to fill out and file your claim.

If you are the plaintiff, then you must use the plaintiff’s claim (Form 7A). This form is available online and at any Small Claims Court office. You can fill out and file the form online using the Small Claims Court E-Service Filing Portal. This portal has a Filing Wizard function to help you fill it out. You may also fill out the form yourself, without the Filing Wizard, and submit it through this portal.

If you are requesting a fee waiver, then you must file your plaintiff’s claim and fee waiver request through a different portal: Small Claims Court Submissions Online. This portal can accept both documents together. You can also file the form in-person at any Small Claims Court location.

Once the Court has issued your claim, you must serve it on every other party. The deadline is 6 months from the date the claim was issued. The deadline can only be extended in limited circumstances.

A plaintiff’s claim must be served personally or using one of the alternatives to personal service allowed by the Small Claims Court Rules, even if the party is outside Ontario.

If you wish to serve the claim in another way, you must bring a motion asking the Court’s permission.

Whoever served a party must swear or affirm an Affidavit of Service (Form 8A). This document tells the Court that that party was successfully served. If one person served multiple parties, a separate Affidavit of Service is required for each party. The form is available online and at any Small Claims Court office.

NOTE: If you are represented by a lawyer or paralegal, they may be able to file a Lawyer’s or Paralegal’s Certificate of Service (Form 8B) instead of an Affidavit of Service in certain cases.

If you have been sued, then you are a defendant. The party suing you is the plaintiff. All plaintiffs and defendants in the case are parties.

You must complete the Defence (Form 9A). This form is available online and at any Small Claims Court office.

You must serve the Defence on all other parties. Whoever served a party must swear or affirm an Affidavit of Service (Form 8A). This document tells the Court that that party was successfully served. If one person served multiple parties, a separate Affidavit of Service is required for each party. The form is available online and at any Small Claims Court office.

You must file the Defence with proof with the Court within 20 calendar days from the date you were served with the Claim.

You may file the Defence through the Small Claims Court Submissions Online Portal. You may also file the Defence in person at any Small Claims Court location.

IMPORTANT: If you do not serve and file your defence by the deadline, then you may be noted in default and the Court may order judgment against you without your participation. The deadline is generally 20 calendar days from the date you were served with the plaintiff’s claim.

If you have been sued, and you believe the plaintiff owes you money or that someone else is responsible for the plaintiff’s claimed loss, you can bring a defendant’s claim. Defendant’s claims must be issued within 20 calendar days after you file your defence, and served within 6 months after they are issued.

Defendant’s claims (Form 10A) can be filed online through the Small Claims Court Submissions Online portal.

You can also file the form in-person at any Small Claims Court location.

Once the Defendant’s Claim is issued by the court, you must serve it on all parties against whom it is made.

A plaintiff’s claim must be served personally, even if the party is outside Ontario. If you wish to serve the claim in another way, you must bring a motion asking the Court’s permission.

Whoever served a party must swear or affirm an Affidavit of Service (Form 8A). This document tells the Court that that party was successfully served. A separate Affidavit of Service is required for each party served. The form is available online and at any Small Claims Court office.

NOTE: If you are represented by a lawyer or paralegal, they may be able to file a Lawyer’s or Paralegal’s Certificate of Service (Form 8B) instead of an Affidavit of Service in certain cases.

IMPORTANT: A defendant’s claim is not the same as a defence. In a defendant’s claim, the defendant is suing the plaintiff and/or another person. In a defence, the defendant is responds to the allegations the plaintiff made in their claim.