To start a lawsuit in the London Small Claims Court, you must complete Form 7A (Plaintiff’s Claim) and file it either online or at the 80 Dundas Street courthouse. You can sue for up to a maximum of $35,000 CAD, and the mandatory government filing fee is currently $108 CAD.
When someone owes you money, damages your property, or breaches a contract in London, Ontario, you may feel like you have run out of options. If you have already tried calling, sending emails, and issuing demand letters to no avail, formal legal action is your next step. The Small Claims Court, a specialized branch of the Superior Court of Justice, is designed to handle civil disputes involving amounts up to $35,000 CAD.
While Small Claims Court is less formal than higher courts, it still operates on strict provincial rules. You cannot simply write a letter to a judge explaining your problem. You must file a standardized legal document called a Plaintiff’s Claim, properly serve it to the person or business you are suing, and pay the mandatory government fees. Understanding how to correctly initiate your claim is the first step toward recovering the money you are legally owed.
Step-by-Step Process for Filing in London
Filing a claim requires careful preparation. Rushing the paperwork or failing to attach the correct evidence can result in the court clerk rejecting your application, or worse, having your case dismissed by a judge months down the line.
Step 1: Completing Form 7A (Plaintiff’s Claim)
Your lawsuit begins with Form 7A. 📝 You must accurately list the legal names and addresses of both yourself (the Plaintiff) and the person or business you are suing (the Defendant). The most critical part of the form is the “Reasons for Claim and Details.” Here, you must explain exactly what happened, when it happened, and how you calculated the exact dollar amount you are demanding. You must also attach copies of all supporting evidence, such as unpaid invoices, photographs, or signed contracts.
Step 2: Filing the Claim with the Court
Once your documents are complete, you must officially file them. Most London residents now file online using the Ontario Justice Services Online portal. However, you can also physically print the documents and file them in person at the court counter located at the London courthouse at 80 Dundas Street. You will pay the $108 CAD filing fee at this stage, and the clerk will issue your claim by stamping it and assigning you a unique court file number.
Step 3: Serving the Defendant
The court does not notify the defendant for you. 📬 You have a legal obligation to serve the issued Plaintiff’s Claim on the defendant within six months of filing. For individuals, this usually means handing the documents to them in person. Many plaintiffs choose to hire a local professional process server in Middlesex County to ensure the documents are served legally and to obtain an Affidavit of Service, which proves to the court that the defendant received the lawsuit.
How Much Does it Cost in London?
While cheaper than pursuing a case in the higher Superior Court, Small Claims Court still involves mandatory expenses. Be prepared to pay out-of-pocket to start your case.
| Action / Service | Estimated Cost (CAD) | Details |
|---|---|---|
| Form 7A Filing Fee | $108 | The basic provincial fee to issue the Plaintiff’s Claim. |
| Professional Process Server | $75 – $150 | Cost to hire someone to physically hand the documents to the defendant. |
| Corporate Profile Search | $15 – $30 | Required fee if you are suing a corporation to prove their legal registered name. |
| Paralegal Drafting Fees | $300 – $600 | Optional fee if you hire a licensed paralegal to properly write your claim. |
How Long Does the Process Take?
After your claim is issued, you have exactly 6 months to serve the defendant. Once they are served, the defendant has 20 calendar days to file a formal Defence. ⏳ If they defend the claim, you will eventually be scheduled for a mandatory Settlement Conference, which typically takes 3 to 6 months to occur depending on the current backlog at the London courthouse.
Frequently Asked Questions (FAQ)
What if someone owes me $45,000?
The Small Claims Court limit is strictly $35,000. If you are owed $45,000, you can either abandon the extra $10,000 to keep the case in Small Claims, or you must hire a civil litigation lawyer to file the lawsuit in the higher Superior Court of Justice.
Can I serve the lawsuit by email?
Generally, an initiating document like a Plaintiff’s Claim must be served personally or to an adult member of the same household. You cannot simply email the lawsuit to the defendant unless you have obtained a special order from a judge allowing substituted service.
Do I need to hire a lawyer for Small Claims Court?
No, you are legally allowed to represent yourself. However, many plaintiffs in London choose to hire a licensed paralegal or a lawyer to handle the confusing procedural rules, draft the legal arguments, and represent them during the trial.
What if I do not know the defendant’s address?
You must have an address to serve the defendant. If you cannot find them, you may need to hire a private investigator to perform a skip trace to locate their current residence or place of employment in Ontario.
Can I claim interest on the money I am owed?
Yes. If your original contract specified an interest rate for late payments, you can claim it. If there was no contract rate, you can claim standard prejudgment interest under the Courts of Justice Act, which the court clerk will help calculate.
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