To file a standard Plaintiff’s Claim at the London Small Claims Court, the basic government filing fee is currently $108 CAD. However, if the matter proceeds all the way to a trial at the 80 Dundas Street courthouse, you will also need to pay a $308 CAD trial scheduling fee, plus any costs for serving documents to the defendant.
When a business dispute, unpaid loan, or breach of contract arises in London, Ontario, taking legal action is sometimes the only way to recover your money. If the amount you are owed is $50,000 CAD or less, the matter belongs in the Small Claims Court. This branch of the Superior Court of Justice is designed to be more accessible and affordable for everyday people compared to higher civil courts.
Despite the name, Small Claims Court still involves formal legal procedures and strict mandatory fees. While you do not strictly need a lawyer to represent you, understanding the exact costs of the process will help you decide if pursuing the lawsuit makes financial sense. This guide breaks down the government fees you can expect when filing your case at the local courthouse in Middlesex County.
Step-by-Step Process in London, Ontario
Initiating a lawsuit involves several sequential steps. You cannot simply pay a fee and immediately stand before a judge. The Ontario rules require careful documentation and specific actions before your case is even heard by a settlement judge.
Step 1: Drafting the Plaintiff’s Claim
Your lawsuit officially begins by filling out a Form 7A: Plaintiff’s Claim. 📝 In this document, you must clearly state who you are suing, how much they owe you, and a brief factual summary of what happened. You must also attach copies of all relevant evidence, such as unpaid invoices, bounced cheques, or signed contracts.
Step 2: Filing at the Dundas Street Courthouse
Once your documents are prepared, you must file them with the court clerk. You can do this online through the Justice Services Online portal, or in person at the London courthouse located at 80 Dundas Street. At this stage, you must pay the initial filing fee. The clerk will then issue your claim by assigning it a formal court file number and stamping the document.
Step 3: Serving the Defendant
The court does not deliver the lawsuit for you. 📬 It is your legal responsibility to ensure the defendant receives a copy of the issued Plaintiff’s Claim within six months of filing. This is known as serving the documents. For individuals, personal service (handing it to them directly) is often required. Many plaintiffs choose to hire a professional process server in London to handle this, which adds an additional private cost.
How Much Does it Cost in London?
The Ontario government sets standard fees for Small Claims Court that apply universally across the province. Below is a breakdown of the typical court fees and additional expenses you may encounter during a standard claim.
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing a Plaintiff’s Claim | $108 | The initial government fee to open your case (Form 7A). |
| Filing a Default Judgment | $94 / $128 | Fee of $94 CAD for infrequent claimants or $128 CAD for frequent claimants to ask for a judgment if the defendant fails to file a defence. |
| Fixing a Date for Trial | $308 | Mandatory court fee paid before you can receive a final trial date. |
| Private Process Server | $75 – $150 | Cost to hire a professional to officially hand the documents to the defendant in London. |
How Long Does the Process Take?
After you serve the defendant, they have exactly 20 days to file a formal Statement of Defence. ⏳ If they do defend the claim, the court will eventually schedule a mandatory Settlement Conference, which usually takes 3 to 6 months. If the case does not settle, getting a final trial date can take an additional 6 to 9 months, depending on the current backlog at the London courthouse.
Frequently Asked Questions (FAQ)
What happens if I cannot afford the court fees?
If you have a low income, you can apply for a Fee Waiver. You must fill out a specific form detailing your financial situation, and if approved by a judge or clerk, you will not have to pay the standard court filing fees in Ontario.
Can I claim more than $50,000 in Small Claims Court?
No. If your damages are $55,000, you have two choices: you can abandon the extra $5,000 to keep the case in Small Claims Court, or you must hire a civil litigation lawyer and file your case in the higher Superior Court of Justice.
Will the losing side pay my legal fees?
If you win, the judge can order the defendant to reimburse your court filing fees and process server costs. However, compensation for your own time or for hiring a paralegal is strictly capped and rarely covers your total out-of-pocket legal expenses.
Can I sue a business that is located outside of London?
Generally, you must file your claim in the jurisdiction where the defendant lives or operates their business, or where the actual event (like signing the contract) took place. If the contract was signed in London, you can usually file there.
What happens if the defendant ignores the lawsuit?
If they do not file a formal defence within 20 days, you can file a request to note them in default. After that, you can ask a judge to grant a Default Judgment against them without needing a full trial.
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