How small claims court works in Canada
Small claims court is the legal system's answer to disputes over money that don't justify hiring an expensive lawyer. It's designed to be accessible — you fill out some forms, present your evidence, and a judge decides. Across Canada the process follows a similar pattern, though each province has its own rules and dollar limits. Here's what to expect.
1. Check the monetary limit for your province
Small claims court only handles claims up to a certain dollar amount. Ontario: $35,000. British Columbia: $35,000. Alberta: $100,000 (the highest in Canada). Quebec: $15,000 (at the Small Claims Division). Manitoba: $15,000. Saskatchewan: $30,000. If your claim is above the limit, you can still file but must agree to cap your claim at the maximum. Claims above the limit must go to a higher court, where procedure is more complex and lawyers are typically needed.
2. Before you file: try to settle
Courts expect you to have tried to resolve the dispute before filing. Send a written demand letter to the other party clearly stating what you're owed and why, with a reasonable deadline to pay. Keep a copy — you'll need to show the court you made an effort. Many disputes end at this stage. If they don't, you're ready to file.
3. Filing your claim
Filing starts with a claim form (called a Plaintiff's Claim in Ontario, a Notice of Claim in BC, a Civil Claim in Alberta). You name yourself as the plaintiff, the other side as the defendant, state the facts clearly and briefly, and specify the amount you're claiming. File the form at the small claims court registry in the area where the defendant lives or where the dispute arose. There's a filing fee, typically $50–$200 depending on the amount claimed and the province. The court will then serve the defendant with your claim.
4. The defendant responds — and settlement conferences
After being served, the defendant has a set time to file a response (defence). If they don't respond, you can ask for a default judgment. If they do respond, the court will typically schedule a settlement conference or pre-trial — an informal meeting with a judge or referee who tries to help both sides reach an agreement. These conferences are confidential and non-binding. A large percentage of cases settle at this stage without ever going to trial.
5. The trial
If settlement fails, your case goes to trial. At trial, you (as the plaintiff) present your case first — you'll explain what happened, present your evidence, and call any witnesses. The defendant then presents their side. The judge may ask questions throughout. After hearing both sides, the judge gives a decision — sometimes on the spot, sometimes later in writing. If you win, the court issues a judgment order. Collecting on a judgment is a separate process — the court doesn't collect the money for you, but there are enforcement tools available.
Common questions
- What's the maximum I can sue for in small claims?
- Varies by province: $35,000 in Ontario and BC, $100,000 in Alberta, $15,000 in Quebec and Manitoba. You can cap a larger claim to fit within the limit.
- Do I need a lawyer?
- No — small claims court is designed for self-representation. Lawyers are allowed in some provinces but optional. Paralegals offer a lower-cost alternative in some provinces.
- How long does a case take?
- Simple cases may resolve in a few months; contested trials can take 12–18 months. Many cases settle early, at the settlement conference or before.
Tell the assistant your province, what the dispute is about, and the amount for a plain-language walkthrough of your next steps.
This guide is general information about the Canadian small claims court system and is not legal advice. Rules and monetary limits vary by province and territory and can change. Consult your provincial court's official self-help resources or a licensed lawyer for advice about your specific claim.