Getting Started in Small Claims Court:

Question: How can Lippa Legal Services help me prepare and file a Form 7A (Plaintiff’s Claim) to start a Small Claims Court case in Ontario and reduce common mistakes?

Answer: ?

Answer:   Lippa Legal Services can help you with drafting the story for your Plaintiff’s Claim (Form 7A), ensuring your facts are in a clear chronology, identifying what to include or omit, and reviewing key filing steps under Rule 7 of the Rules of the Small Claims Court so you avoid common issues like naming the wrong party, handling counterclaims, or dealing with third-party claims.  If you want, call (416) 241-4529 to discuss your situation with a paralegal and get a practical plan to move your claim forward while minimizing avoidable procedural and legal pitfalls in Small Claims Court across Ontario.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in 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 am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.