Small claims Court
What you need to know!
There is a two-year limitation to file a Small Claims application in most matters.
Need to Know:
- If you do not file within two (2) years of the “cause of action", you may not be able to pursue it in Small Claims Court; unless
- You are an exception to this rule based on applicable legislation the limitation may be shorter than two (2) years (it is always best to seek legal advice as soon as possible).
Current Monetary Jurisdiction Limit is $35,000.00
Need to Know:
- If you are asking for more than $35,000.00 you must file under Superior Court of Justice - Until October 1st, 2025*
- If your claim is over $35,0000.00, you have the option, if you are willing, to waive any amount over $35,000.00 and bring the claim into the jurisdiction of the Small Claims Court.
- Starting October 1st, 2025 the Monetary Jurisdiction Limit will be increasing to $50,000.00.
Why would you go to small claims court?
A few of the more popular reasons are:
- Unpaid invoices
- Contract disputes
- Employment disputes
- Promissory Notes
- Enforcement
**This is not an exhaustive list of reasons**
Before you file your claim
Before you file your claim consider:
- Is mediation an option to resolve the issue?
- If you are successful in your claim does the other party have the funds or ability to pay you?
- Have you made any attempts to resolve the issue amicably?
- Are you within the two-year limitation period?
**some limitations are less than two-years**
- Is your claim under $35,000.00?
- Are you filing in the correct jurisdiction for your dispute?
If you have answered those questions and are still prepared to proceed to file in the Small Claims Court, your next step is to file a Plaintiff’s Claim.
*Please note that every case is unique. The information provided above does not constitute legal advice. We recommend consulting with a qualified legal professional promptly to ensure your specific case receives personalized advice tailored to your situation.