How to Sue Someone - Filing a Civil Lawsuit in Ontario

Are you wondering how to file a civil lawsuit in Ontario? If you are suing for damages against someone for money or property valued at less than $35,000, you would do so in small claims court. In small claims court, your lawsuit must fall into one of two categories: claims for money (i.e. unpaid debts) or claims for damages (i.e. property damage, personal injuries). How long does a civil lawsuit take in Ontario? The length of a lawsuit will depend on a variety of factors.

The Plaintiff’s Claim
The first step in bringing forth a small claims matter is preparing the Plaintiff’s Claim. A plaintiff’s claim is the document that must be filled out in order to begin the process of suing someone. In the claim, you will need to provide a clear summary of the facts. In doing so, you would also provide reasons as to why you believe you’re entitled to an amount of money/property. Next, you will need to collect evidence that will support your case.

Examples of evidence that could be used to support your claim include: a contract, photos of damage, or a record of payment transactions.

*Be sure to note any limitation periods that may exist. Normally, you have up to two years from the incident in question to file a claim. Once you have confirmed all of the information above, you are ready to complete the plaintiff’s claim form and serve the defendant.

Ways to File Your Claim

There are 3 ways to file your claim:

1) Online
You can file your claim and pay court fees online through the easily accessible portal. Keep in mind you will need to create a ServiceOntario account if you don’t already have one. The fee is $102 to file your claim online. If you are a frequent claimant (i.e. filing 10 or more claims in a calendar year at the same court location), the fee is $215. Once you submit your claim online, you will receive the court-stamped Plaintiff’s Claim form by email. A copy of your claim is to be delivered to the defendant.

2) In-person
A plaintiff’s claim can be filed in person at a small claims court. It is normal practice to either file your claim at the court in the city where the incident took place or in the city where the defendant resides.

3) By Mail

To file by mail, you are to complete the plaintiff’s claim form (which can be found online) and mail it to the appropriate courthouse.

*If you choose to file in-person or by mail, you must also provide the court with separate copies of the plaintiff’s claim form. There should be enough for each defendant if there is more than one and also a copy for the court file.

Serving the Defendant
Serving the defendant refers to the act of delivering a copy of the plaintiff’s claim to each defendant. A plaintiff has 6 months to serve the defendant(s) once the plaintiff’s claim is filed with the court. After serving all defendants, you must also affirm (or swear) that you have done so. This is done by completing an Affidavit of Service (can be found online) document for each defendant. Copies of the affidavits will also need to be filed at the court where you filed your original claim.

Remember!

There may also be other expenses you’ll have to pay in regards to your case. These expenses can include travel costs for any witnesses, delivery of documents or interpretation services. If you seek the assistance of a lawyer or paralegal you will also need to pay for that service. If you win your case in small claims court, the judge can order the defendant to pay some of your costs.

However, if you lose your case, the judge can order you to pay some of the defendant’s costs. The actual costs will vary from case to case. Lastly, if you win your case and the defendant/business still does not pay you or return your property, you can apply to have a judgment enforced. This also involves fees.

 Defendant Filing a Defence

A defendant has the right to dispute your claim and can file a Defence form with the court to do so. Once this is done, the court will provide you and the defendant with details to attend a settlement conference. The purpose of the conference is to allow both parties to reach an agreement before going to trial. If an agreement is reached, the process ends at this point and no trail is required.

 Defendant Does Not File a Defence

A defendant can file a defence within 20 days of being served with a plaintiff’s claim. If you do not receive a response within the appropriate amount of time, you can request the court clerk to “note the defendant in default”. This means that you have served the plaintiff’s claim, received no response, and are ready to move forward with a judgement (without the defendant’s defence).

This can only be done if the defendant has not filed a defence within the 20 days. To find a defendant in default, you must file a Request to Clerk form at small claims court and also provide proof to the court that you correctly served the defendant(s) with your plaintiff’s claim. After the defendant has been noted in default, you can also request a default judgment. This means that the court will order the defendant to pay you what you’re owed.

Everything in the court system has a process that must be followed in order to avoid delay and ensure you receive an appropriate solution. Be sure to always correctly fill out and file the required forms. If you need assistance, you are able to seek help from a lawyer or paralegal, or call the court office for general information. You can also seek information online at https://www.attorneygeneral.jus.gov.on.ca.

If you need help drafting your plaintiff’s claim or navigating the process, contact us today!