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Ontario|Small Claims CourtStarting the Lawsuit 542 Filing a Statement of Claim To start a lawsuit in Small Claims Court, you will first need to file a completed Statement of Claim form with the court. Then you will need to deliver the claim to the defendants. How and where you file your Statement of Claim is important because it can help you avoid administrative problems and delays.
- How to file
You can file the Statement of Claim by handing in the completed form to the Small Claims Court office in person or by mail. There is a fee of $50 which can be paid by cash, money order, or by certified cheque. Cheques should be made payable to Minister of Finance.
- Receiving a court file number
To verify that your claim has been filed and that the lawsuit is underway, the Small Claims Court office will give you a claim number to use whenever you are referring to your case. The office staff will also sign and stamp your Statement of Claim so that you can then deliver it to the defendant.
- How to decide which court to file with
An important consideration when you file a claim is deciding which Small Claims Court to file in, because this will be the place where the trial will be held. Although there are many Small Claims Courts throughout Ontario, you are normally required to go to the Small Claims Court in the area where the problem occurred, or to the court nearest to where the defendant lives or carries on business.
If this is not possible or convenient for you, you may file an Affidavit at the Small Claims Court where you want the trial to be held, which states why you want to have your action in that specific place. The staff at the court can give you the Affidavit form and printed instructions on how to complete it.
To find the locations of Small Claims Courts in Ontario, refer to the Legal Line Guide or website, or look in the Blue pages of your telephone book.
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