Small Claims Court

One main process map covers most SCC matters. Matter types and forms sit below. Enforcement (garnishment, writs, examination) is a separate map after judgment.

Limit. The court hears claims for money or the return of personal property up to $50,000 exclusive of interest and costs (as of 1 October 2025).

Roadmaps

Matter types

  • Unpaid invoice / account / feesDebt — contract
  • NSF / dishonoured chequeDebt — returned cheque
  • Unpaid loan / promissory noteDebt — loan recovery
  • Failure to perform a contractBreach of contract
  • Security deposit not returnedReturn of deposit
  • Property damage / negligenceTort — property
  • Faulty goods / defective productWarranty / Sale of Goods
  • Poor-quality services / contractorContract / services
  • Unpaid wages (within the limit)Employment debt
  • Rent or damage outside the RTALandlord / tenant (SCC)
  • Return of personal propertyDetinue / return of property
  • Minor motor-vehicle / injury claimTort — negligence
  • Repair and Storage Liens ActRSLA (SCC jurisdiction)
  • Consumer protection claimConsumer Protection Act, 2002
  • Money had and receivedUnjust enrichment
  • Business-partner dispute (within the limit)Contract / accounting
  • Former tenant — money or damageOften paired with LTB L10

This court does not hear

  • Title to land or real property
  • Defamation (libel or slander)
  • Bankruptcy
  • False imprisonment or malicious prosecution
  • Family law
  • Estate disputes
  • Claims above the monetary limit
  • Regulatory / administrative matters

Forms — what they are for

Start and respond

  • 7A

    Plaintiff’s Claim

    Starts the action

  • 8A

    Affidavit of Service

    Proof the claim (or other document) was served

  • 9A

    Defence

    Defendant’s response to the claim

  • 10A

    Defendant’s Claim

    Counterclaim against the plaintiff or another party

  • 11B

    Default Judgment

    Judgment when no defence is filed

Hearing

  • 13A

    List of Proposed Witnesses

    Filed for the settlement conference

Motions

  • 15A

    Notice of Motion and Supporting Affidavit

    Ask the court for an order

  • 15B

    Affidavit

    Response (or extra facts) on a motion

  • 11.2A

    Request for Clerk’s Order on Consent

    Consent order — not a motion

Enforcement

  • 20P

    Affidavit for Enforcement Request

    Usually required to start enforcement

  • 20A

    Certificate of Judgment

    Certified copy of the judgment (often for another court)

  • 20E

    Notice of Garnishment

    Garnish wages, a bank account, or other debt

  • 20C

    Writ of Seizure and Sale of Personal Property

    Seize and sell personal property

  • 20D

    Writ of Seizure and Sale of Land

    Bind / sell an interest in land

  • 20H

    Notice of Examination

    Examine the debtor about ability to pay

  • 20I

    Financial Information Form

    Debtor’s financial disclosure for examination

  • 20Q

    Notice of Garnishment Hearing

    Hearing if a garnishment is disputed

Motions

Most requests use Form 15A. Serve ≥ 7 days before the hearing; file ≥ 3 days before, with 8A or 8B. Response: 15B, ≥ 2 days before.

Not a motion. Amend as of right if ≥ 30 days before the original trial date. On consent, some changes use clerk’s order 11.2A instead (amend / add–delete party near trial, set aside default, restore a clerk-dismissed file, payment in full, dismiss).

Claim-stage 15A

  • Extend time (serve claim, file defence or defendant’s claim)
  • Substituted service
  • Set aside noting in default
  • Set aside default judgment and noting in default
  • Permission to file a Defence
  • Permission to file a Defendant’s Claim
  • Amend claim or defence when not as of right
  • Add, delete, or substitute a party
  • Strike out or amend a document
  • Stay or dismiss
  • Assessment of damages in writing (all defendants noted in default)
  • Set aside dismissal as abandoned / restore a clerk-dismissed claim
  • Adjourn settlement conference or trial
  • Set aside or vary an order made without notice
  • New trial (after trial)

After-judgment / garnishment motions sit on the Enforce map.

© Bai Legal Services · bailegal.caPlease credit this page if you quote. Reference only — not legal advice.

Reference only — not legal advice. Forms, periods, and procedures change. Confirm current requirements with the relevant authority (LTB / Tribunals Ontario, Ontario Courts, Global Affairs Canada / competent authority for Apostille) before you act. This material does not create a client relationship with Bai Legal Services.