How to File a Lawsuit in Ontario: A Practical Guide

Before you ever set foot in a courthouse, the real work of winning a lawsuit begins. Thinking about suing someone in Ontario isn’t just about filling out forms; it’s about building a rock-solid case from the ground up. The preparation you do now can make or break your chances of success down the road.

Preparing for Legal Action in Ontario

The first step in any potential lawsuit is a hard, honest look at your situation. You need to move past the frustration and emotion and think like a judge. What, exactly, is your legal argument? This initial phase is all about laying a strong foundation for the fight ahead.

Start by evaluating the strength of your claim. Do you have a clear, recognized legal reason to sue? For instance, if you’re claiming a breach of contract, you can’t just say the other person was unfair. You need to point to the specific term in the agreement that they failed to uphold.

Just as important, can you actually prove you’ve suffered damages? Vague feelings of being wronged won’t cut it. You need concrete evidence to show the court exactly what you’ve lost, whether it’s money, property, or something else.

Gather and Organize Your Evidence

Evidence is the lifeblood of any legal case. It’s your job to meticulously collect every shred of information that backs up your story. This isn’t a task you can rush; it requires careful thought and organization.

Get a file started—digital or physical—and begin filling it with everything relevant:

• Written Communication: This is a goldmine. Dig up every email, text message, letter, and even social media message that relates to the dispute.
• Contracts and Agreements: Pull together any formal contracts, invoices, purchase orders, receipts, or written promises.
• Visual Proof: A picture really is worth a thousand words. Photos and videos can be game-changers. For a car accident, this means shots of the vehicle damage, the intersection, and any road conditions. For a slip-and-fall claim, it’s a photo of the icy patch or broken step that caused your injury.
• Official Records: Documents like medical reports, police reports, and bank statements provide objective proof of injuries and financial losses that are hard to argue with.

A common mistake I see is people having a pile of documents with no clear story. The single most effective thing you can do is create a chronological timeline of events. Organizing your evidence this way helps you build a coherent narrative and makes your case infinitely easier for a judge or lawyer to follow.

Understand Your Legal Deadlines

The clock is ticking. In Ontario, the law imposes strict deadlines, called limitation periods, on your right to sue. For most civil claims, the basic limitation period is two years from the day you discovered you had a claim.

If you miss this deadline, your case is almost certainly dead on arrival, no matter how strong it is. A helpful tool for keeping track of these crucial dates is a Legal Deadline Calculator. For a deeper dive into how these time limits work, check out our guide on the statute of limitations in Canada.

The Strategic Value of a Demand Letter

Before you officially file with the court, it’s almost always a good idea to send a formal demand letter to the other side. This isn’t just a courtesy; it’s a strategic move.

The letter should clearly explain what happened, why you believe they’re at fault, and exactly what you want to resolve the matter (for example, payment of $5,000 within 30 days). This shows the court you made a reasonable, good-faith effort to settle the dispute before resorting to litigation. You’d be surprised how often a sharp, well-written demand letter, especially from a lawyer, is enough to bring the other party to the negotiating table.

Acting quickly and preparing thoroughly is a universal key to success. In a busy jurisdiction like Ontario, ensuring your case is well-prepared from the outset is critical for navigating the legal system effectively.

Choosing Your Court: Small Claims vs. Superior Court

Deciding where to file your lawsuit in Ontario isn’t just a box-ticking exercise; it’s one of the most critical strategic decisions you’ll make right at the beginning. The court you choose sets the tone for the entire process—dictating the rules, the costs, and the overall complexity of your legal fight.

For most people with a civil dispute, the choice boils down to two venues: the Small Claims Court or the Superior Court of Justice.

Think of it this way: choosing between them is less like picking between two different coffee shops and more like deciding between a speedboat and an ocean liner. One is built for speed and simplicity over shorter distances, while the other is equipped for long, complex, high-stakes journeys.

Getting this choice wrong from the get-go can be a costly mistake. It can lead to frustrating delays, ballooning legal fees, or even the risk of having your case thrown out on a technicality before it’s ever heard.

The Small Claims Court Advantage

For many individuals and small businesses in Burlington, Toronto, and across the GTA, the Small Claims Court is the right answer. It was specifically designed to be a more accessible, less formal, and cost-effective forum for resolving everyday civil disputes.

The biggest factor here is the monetary limit. In Ontario, the Small Claims Court can only handle cases where the amount you’re claiming is $35,000 or less, excluding interest and legal costs.

What if your claim is for, say, $40,000? You face a strategic choice. You can waive the extra $5,000 to keep your claim within the $35,000 limit and benefit from the simpler, faster process. The alternative is to pursue the full amount in the more complex Superior Court. Just remember, you can’t split one large claim into two smaller ones to sneak under the limit—the courts won’t allow it.

For many of our clients dealing with straightforward issues like unpaid invoices, minor contract breaches, or property damage, the Small Claims Court is a perfect fit. The process is designed to be more user-friendly, and many people can successfully represent themselves, which is a huge help in managing costs.

When the Superior Court is Necessary

The Superior Court of Justice is Ontario’s court of “inherent jurisdiction,” which is a formal way of saying it can hear any civil case that isn’t specifically required to go somewhere else. This is the arena for the most serious, complex, and high-value legal battles.

There are a few clear signs that you’re headed for Superior Court. You must file there if:

• Your claim is over $35,000. This is the most straightforward reason people find themselves in this court.
• You need a specific type of legal remedy. The Small Claims Court’s power is generally limited to ordering someone to pay money or return personal property. If you need something more—like an injunction (a court order forcing someone to do or stop doing something) or a declaration of rights to land—the Superior Court is your only option.
• The case involves certain areas of law. Matters like class actions, bankruptcy proceedings, or specific issues under federal law are exclusively handled by the Superior Court.

Be prepared for a much steeper climb in Superior Court. The procedures are far more formal and rigid. The rules of evidence are strictly applied, and the discovery process—where both sides must exchange all relevant documents and information—is incredibly thorough and can be time-consuming. You can learn more about what to expect in these larger cases from a civil litigation lawyer in Toronto.

To help you visualize the differences, here’s a quick comparison of the two courts.

Ontario Small Claims Court vs Superior Court of Justice At a Glance

Feature	Small Claims Court	Superior Court of Justice
Monetary Limit	$35,000 or less (exclusive of interest and costs)	No limit; claims over $35,000
Complexity & Rules	Simpler, more flexible rules. Designed to be accessible for self-represented litigants.	Formal and complex rules of procedure. Strict adherence is required.
Cost	Lower filing fees and overall costs. Simplified procedures reduce legal expenses.	Significantly higher filing fees, discovery costs, and legal fees.
Timeline	Generally faster process from filing to resolution.	Can take several years to get to trial due to complex procedures and scheduling.
Available Remedies	Primarily monetary damages and the return of personal property.	A wide range of remedies, including injunctions, specific performance, and declarations.
Discovery Process	Limited or no formal discovery. Parties typically just exchange key documents.	Extensive discovery process, including oral examinations (depositions) and document production.
Legal Representation	Optional, but common for litigants to represent themselves.	Highly recommended. Navigating the procedures without a lawyer is extremely difficult.

Ultimately, choosing the right court from the outset is about efficiency. It saves you invaluable time, money, and stress, and properly sets the stage for the rest of your legal journey.

Drafting and Filing: Bringing Your Lawsuit to Life

This is the moment of truth. After all the careful prep work, you’re ready to officially kick off your lawsuit by drafting and filing the foundational legal documents. This crucial step is what takes your dispute from a private disagreement and turns it into a formal legal action that the Ontario court system has to address.

Whether you’re in Small Claims Court or heading to the Superior Court of Justice, the core principles are the same, even if the specific forms have different names. Your main job is to put together a document that tells a clear, concise, and legally sound story for the court.

Crafting Your Claim

The document that gets the ball rolling is either a Plaintiff’s Claim (Form 7A) for Small Claims Court or a Statement of Claim for Superior Court. Honestly, think of this document as the entire blueprint for your case. It needs to clearly explain who you are, who you’re suing, what went wrong, and what you expect the court to do about it.

When you sit down to write, nail these key parts:

• The Facts: Just tell the story. Lay out what happened in chronological order. Stick to what’s relevant—the what, when, where, and how. This isn’t the place for emotional language or opinions; just state the facts as they occurred.
• The Legal Basis: This is the “why” you’re allowed to sue. You have to connect your story to a recognized legal reason, like a breach of contract, negligence, or maybe defamation.
• The Remedy: Be crystal clear about what you’re asking for. Usually, it’s a specific dollar amount for damages, but you could also be asking for the return of property or for the court to order someone to do (or stop doing) something.

Clarity is everything. Use plain language and short, numbered paragraphs. A judge should be able to pick up your claim and immediately grasp the basics of your case without needing a law dictionary.

The Nuts and Bolts of Filing in Ontario

Once your claim is drafted and ready, you have to get it “issued” by filing it with the right court. In Ontario, you’ve got a couple of ways to do this.

You can physically go down to the courthouse and file the documents in person. You’ll want the courthouse in the city where the defendant lives or works, or where the whole issue took place. The easier route for most people these days is using the government’s online portal to file everything electronically.

Filing isn’t free. You have to pay a court-mandated fee to get your lawsuit started. The fees change over time, but right now, you’re looking at around $108 to file a Plaintiff’s Claim in Small Claims Court and about $229 for a Statement of Claim in Superior Court. If you have a low income, it’s worth checking if you qualify for a fee waiver.

A critical detail that people often miss: make sure you have the defendant’s exact legal name and address. Suing “Jim’s Roofing” feels right, but if the business is officially registered as “James Smith Contracting Inc.,” your claim could be dead on arrival. A quick corporate search can save you a mountain of headaches down the road.

Managing the sheer volume of documents in a lawsuit can be a real challenge. To get a handle on the paperwork, it’s helpful to understand how cloud-based legal case management software can make a world of difference.

Common Drafting Traps to Sidestep

Drafting a claim can be nerve-wracking, and I’ve seen the same mistakes trip people up time and again. The biggest one is being too vague. Simply writing that you “suffered damages” tells the court nothing. You have to spell out how you were harmed and show your math for the amount you’re claiming.

Another pitfall is throwing in irrelevant details or personal attacks. It might feel good to vent, but it only distracts from the legal strength of your case and can damage your credibility with the judge. Stick to the essential facts needed to prove your claim. This first document sets the tone for everything that comes next, and getting it right is a cornerstone of effective litigation law.

Getting the Lawsuit into the Defendant’s Hands: The Rules of Service

You’ve filed your claim with the court, which feels like a huge step. But here’s the thing: the lawsuit doesn’t officially start until the other side knows about it. That’s where service of process comes in. This isn’t just about letting them know you’re suing; it’s a formal, mandatory procedure with a strict set of rules you absolutely have to follow.

Think of it from a fairness perspective. The entire legal system is built on the idea that everyone gets a chance to tell their side of the story. Service ensures the person being sued gets that opportunity by formally receiving the allegations against them. If you mess this part up, you could face massive delays or, even worse, have your case thrown out before it ever really begins. It’s a crucial hurdle you have to clear right at the start.

How to Serve Someone Properly in Ontario

The Rules of Civil Procedure for Ontario spell out exactly how you can—and can’t—serve a Statement of Claim (or a Plaintiff’s Claim in Small Claims Court). The gold standard, and the most common method, is personal service.

This is exactly what it sounds like: someone physically hands a copy of the issued claim to the defendant. But there’s a catch: you can’t be that someone. The plaintiff is not allowed to serve their own claim. You’ll need a friend, family member (as long as they’re over 18), or, more commonly, a professional process server to do it for you.

Of course, life isn’t always that simple. The rules provide a few other options depending on who you’re suing:

• Serving an Individual: If you can’t get the documents directly into their hands, you can leave a copy with an adult living at their home. You then have to mail a second copy to that same address the very next day.
• Serving a Corporation: You don’t need to find the CEO. You can serve an officer, director, or any other person who appears to be in charge at one of the company’s business locations.
• Serving by Mail or Courier: This is sometimes an option, especially in Small Claims Court. If you go this route, you must use a method that gives you proof of delivery, like registered mail.

What if the defendant is dodging you? If you’ve made legitimate attempts and they’re actively avoiding service, you can’t just give up. Your next move is to bring a motion asking the court for permission to use an alternative, like serving their lawyer or even sending it by email. This is known as “substituted service.”

The Paper Trail: Proving You Served the Documents

Serving the claim is only half the job. You then have to prove to the court that you did it and did it correctly. This is done by filing a sworn document called an Affidavit of Service (Form 16B in Superior Court or Form 8A in Small Claims Court).

This affidavit is your official proof. The person who physically served the documents fills it out, detailing precisely when, where, how, and on whom the claim was delivered.

Make no mistake: without a properly completed and filed Affidavit of Service, your lawsuit is stuck in neutral. The court has no record that the defendant was notified, which means the clock for them to file a defence hasn’t even started ticking. This step is non-negotiable.

For people dealing with time-sensitive matters, such as the clients we help with personal injury lawsuits, every single day matters, and following these initial procedural steps correctly is critical. These procedural rules are a cornerstone of law everywhere, and exploring the data on legal actions for disability rights can show how important adherence to process is in achieving successful outcomes.

Common Mistakes That Can Derail Your Case

I’ve seen simple service errors bring strong cases to a screeching halt. Be sure to avoid these common pitfalls:

• Serving an Expired Claim: In Ontario, a Statement of Claim goes “stale” if it isn’t served within six months of being issued by the court. Miss that deadline, and your lawsuit could be over.
• Forgetting a Defendant: Suing more than one person or company? Each defendant must be served individually, following the proper rules for each.
• Sloppy Paperwork: An Affidavit of Service with missing information or inaccuracies can be challenged by the other side, potentially invalidating your service attempt and forcing you to start over.

Nailing the service rules is a fundamental part of a successful lawsuit. It ensures your case is built on a solid procedural foundation right from the get-go.

Navigating the Lawsuit After You File

So, you’ve served your claim. The initial rush of getting the lawsuit started is over, and now things shift gears. Welcome to the marathon portion of the legal process. The ball is officially in the defendant’s court, and a whole new set of rules and deadlines now dictates the pace of your case.

The first major milestone to watch for is the defendant’s response. In Ontario’s Superior Court, once you’ve served them with your Statement of Claim, they generally have 20 days to file their defence. This is a critical timeline. What they do—or don’t do—in this window sets the stage for everything that follows.

The Defendant’s Response and the Defence

The defendant’s formal reply is called a Statement of Defence. This is their chance to lay out their side of the story, responding point-by-point to the allegations you made in your claim. They’ll admit to some things, deny others, and raise legal arguments about why they aren’t on the hook for your damages.

You might also see them file a Counterclaim. Think of this as a lawsuit in reverse. The defendant is now claiming that you actually harmed them and owe them money. This adds another layer to the fight, and you’ll have to file a formal response to their new claims.

But what if they just ghost you? If that 20-day deadline comes and goes without a peep, you can ask the court to have the defendant “noted in default.” This is a powerful move. It basically means the court treats your allegations as if they’ve been admitted, clearing the path for you to ask a judge for a default judgment without needing to go through a full-blown trial.

This diagram shows the simple but crucial flow of serving your claim and getting the proof filed so the clock starts ticking for the defendant.

Getting these two steps done right—serving the claim and then filing the affidavit of service—is what officially puts the defendant on notice and gets the legal gears turning.

Entering the Discovery Phase

Assuming the defendant does file a Defence, the case moves into a crucial stage known as Discovery. This is where both sides have to put their cards on the table. The whole point is to make sure there are no “gotcha” moments at trial; everyone gets to see the evidence the other side has collected.

The main event here is exchanging an Affidavit of Documents. This is a sworn list of every single relevant document you have. And I mean everything. It includes emails, texts, contracts, notes—anything that helps your case and anything that hurts it. The law requires full disclosure, so you can’t just hide the documents you don’t like.

For instance, in a breach of contract dispute, your Affidavit of Documents would have to include things like:

• The signed contract, of course.
• Every email and text message discussing the deal.
• All related invoices, proof of payments, and bank statements.
• Even your own internal notes or memos about the conflict.

The defendant will have to produce their own list, giving you a clear view of the evidence they plan to rely on. For anyone caught in these kinds of disputes, it’s vital to know all your options. You can explore the potential remedies for a breach of contract in our comprehensive guide on the topic.

Examinations for Discovery in Superior Court

In the Superior Court, discovery gets more personal with Examinations for Discovery. This isn’t a trial, but it feels a bit like one. It’s an out-of-court meeting where the lawyers get to question the opposing parties under oath. A court reporter is there, transcribing every word, and anything you say can be used as evidence later on.

This is often the single most important pre-trial event. It’s the first real chance for a lawyer to see how you (and your opponent) hold up under pressure. A confident, credible performance here can dramatically improve your chances of getting a good settlement.

These examinations are fantastic for pinning down the other side’s story, clarifying facts, and finding the strengths and weaknesses in both arguments. After discovery is complete, everyone has a much clearer picture of the risks of going to trial. This is often the moment when serious settlement talks begin, or when the parties head to mediation or a pre-trial conference with a judge to see if they can resolve the case without a full trial.

Common Questions About Lawsuits in Ontario

Diving into the legal system can feel like learning a new language, and it’s completely normal to have a long list of questions. Getting clear, practical answers is the first step toward feeling in control and making smart decisions about your case. Let’s walk through some of the most common questions we hear from people across Ontario who are thinking about filing a lawsuit.

How Long Do I Have to File a Lawsuit in Ontario?

This is probably the single most critical question, and getting the answer wrong can be devastating for your case. In Ontario, the main deadline for starting a lawsuit is found in the Limitations Act, 2002. For most civil claims, you have two years from the day your claim was “discovered.”

Now, that word “discovered” is key. The two-year clock doesn’t always start ticking on the day the incident happened. Instead, it starts on the day you first knew (or, as a reasonable person, should have known) that you suffered a loss and that the person you’re suing was responsible for it.

But be careful—this two-year rule isn’t a catch-all. There are some very important exceptions you need to know about:

• Claims Against a City or Town: If you slip on an icy municipal sidewalk, for instance, you might have as little as 10 days just to give the city written notice of your potential claim.
• Claims Involving Minors: The limitation clock typically doesn’t start running until the person turns 18 years old.
• Claims Against an Estate: When you’re suing the estate of someone who has passed away, a different set of strict deadlines applies.

Missing a limitation period is almost always fatal to a claim. The court has very little wiggle room to extend these deadlines. This is precisely why it’s so important to speak with a lawyer the moment you think you might have a case. They can pinpoint your exact deadline.

How Much Does It Cost to File a Lawsuit?

The cost of a lawsuit in Ontario can range from a few hundred dollars to tens of thousands, depending entirely on the court you’re in and how complicated things get. Generally, the costs break down into a few categories.

First, you have the fixed court fees set by the government. Kicking off a Plaintiff’s Claim in Small Claims Court costs $108, while starting that same process in the Superior Court of Justice is $229. Then, other costs, which we call disbursements, will pop up. This could be anything from hiring a process server to deliver your documents, to paying for a court reporter during examinations, or even retaining an expert witness to prepare a report.

Of course, the biggest potential expense is legal fees if you decide to hire a lawyer. At our firm, we handle many personal injury and disability cases on a contingency fee basis. What this means for you is that you pay absolutely no legal fees upfront. Our fee is simply a percentage of the settlement or award we recover for you at the end. If you don’t win, you don’t pay.

Can I Represent Myself in Court?

Yes, you absolutely have the right to represent yourself in any court in Ontario. This is often called being a self-represented litigant, and it’s especially common in Small Claims Court, which was designed to be more accessible for everyday people.

But representing yourself, particularly in the Superior Court of Justice, comes with real risks. The legal system is a minefield of complex procedural rules, unbendable deadlines, and strict requirements for how evidence is presented. One simple misstep—like missing a filing deadline or forgetting to disclose a key document to the other side—could seriously damage or even completely torpedo your case.

While going it alone can save on legal fees, it’s always a good idea to at least have a one-time consultation with a lawyer. They can give you an honest assessment of your case, explain the risks you’re facing, and map out the proper legal steps, giving you a much clearer view of the road ahead.

What Happens if I Win My Lawsuit?

Winning your case at trial is a huge milestone, but it’s not always the final step. When you win, the court issues a judgment in your favour. This is a formal order that says the defendant has to pay you a specific amount of money for your damages and, often, a portion of your legal costs.

But a judgment is just a piece of paper—it doesn’t magically transfer money into your bank account. If the defendant digs in their heels and refuses to pay, you then have to start a new process to enforce that judgment. This can involve a few different legal moves, like:

• Garnishing their paycheque or bank accounts.
• Placing a writ of seizure and sale on their property, like a house or a car.
• Forcing them to attend an examination in aid of execution, where you can question them under oath about their assets.

This enforcement stage can feel like a whole new battle. A good lawyer can be invaluable here, helping you track down assets and use the court’s enforcement tools to actually collect the money you are rightfully owed.

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Navigating a lawsuit requires the right knowledge, a clear strategy, and dedicated support. If you’re facing a legal challenge in Ontario, whether it’s a personal injury or a denied disability claim, the team at UL Lawyers is here to help you understand your rights and fight for the outcome you deserve.

Contact us today for a free, no-obligation consultation to discuss your case by visiting ullaw.ca.