Here are some practical, step-by-step “how to file” items describing how you would generally start a small claims action/lawsuit against a person in Canada. It is very important to note that this represents a general overview of steps. The mechanics and specific requirements and may vary from Province to Province. Please double check to ensure you are approaching it correctly for your Province.
1) Confirm Provincial Court/Small Claims is the right place to start your action
- Identify the defendant and cause of action (the legal grounds that you are suing) such as unpaid invoices/debt, damage to property, breach of contract, return of deposit, etc.
- Check the monetary limit in your province/territory. Each Province has different thresholds of limits meaning that if your claim is for a higher amount of damages than allowable you may wish not to start your claim in that Provincial Court/Small Claims court.
- Confirm your type of claim is within the types of claims that this Court has power/authority/jurisdiction to hear. For example, some courts cannot rule on defamation claims or claims asking for “equitable relief”.
- Confirm that the limitation period hasn’t expired (often 2 years but varies).
2) Determine the correct jurisdiction and venue
- Pick the province/territory whose court has jurisdiction (usually where the defendant lives/carries on business, or where the transaction happened).
- Select the correct court location (judicial centre/registry) per local rules.
3) Identify and properly name the parties
- Individual: You need to find out and include their full legal first and last name.
- Corporation: exact legal name (search the corporate registry; use the “Ltd./Inc.” exactly).
- Business name/sole proprietor: sue the person and include the trade name “carrying on business as…”
- Partnership: check local rules; often partners can be named individually and/or the partnership name.
- Get a service address for each defendant (physical address often required for personal service; registered office for corporations).
4) Gather your evidence and quantify the claim
Build a clean package:
- Contract / invoice / PO / quotes
- Emails/texts showing agreement, delivery, admissions, refusal to pay
- Proof of performance (delivery confirmations, photos, logs, witness notes)
- Proof of loss (receipts, repair estimates, expert reports if allowed)
- Damages calculation: principal + pre-judgment interest (if permitted) + filing/service costs (and any allowable disbursements).
5) Consider whether to send a final demand
Send a concise demand letter: facts, amount, deadline to pay (e.g., 10 days), payment instructions, and notice you’ll file in small claims if unpaid.
- Keep proof of delivery (email read receipt, registered mail, courier tracking).
6) Choose the correct originating document
Depending on jurisdiction, the initiating form is typically one of:
- Plaintiff’s Claim / Notice of Claim, or
- Civil Claim / Claim, or
- Statement of Claim (small claims version)
It generally requires:
- Parties’ names and addresses
- Amount claimed and breakdown
- Short “material facts” narrative (what happened, when, and why defendant owes you)
- Remedy requested (money judgment, interest, costs)
- Any required attachments (some courts require key documents attached; others don’t)
7) Draft the claim carefully and factually (avoid including “noise”)
- Use a chronology (date → event → document reference).
- Plead the essentials:
- existence of contract/obligation
- your performance
- defendant’s breach/non-payment
- damages amount and basis
- Keep it short, factual, and provable.
8) File the claim with the court
- File online if available in your jurisdiction, or file at the courthouse/registry.
- Pay the filing fee (varies).
- The court will issue/stamp the claim and give you a court file number.
- You’ll get copies to serve (or electronic service package).
9) Serve the defendant correctly
Service rules vary, but common requirements:
- Personal service for individuals (hand delivery by someone other than you; often a process server).
- Corporations: serve at registered office or on an officer/director/authorized person (varies).
- Some jurisdictions allow alternatives (registered mail/courier, email) in limited cases or by consent/order.
Key point: improper service is a common reason claims get delayed or dismissed. It is recommended that you simply hire a “process server” to guide you through this step.
10) Prepare and file proof of service
- Complete the required Affidavit/Certificate of Service and file it with the court by the deadline. If you hired a process server (recommended) then they will take care of this step for you if you ask.
11) Wait for the defendant’s response
The defendant typically has a set number of days to:
- File a Defence/Dispute Note/Response
- Possibly file a Counterclaim
- Sometimes request a payment schedule or settlement conference
12) If the defendant does not respond: seek default judgment
- After the response deadline passes, you can apply for default judgment (procedure varies).
- You’ll generally need:
- proof of service
- sworn evidence of the debt/damages (sometimes by affidavit)
- updated interest calculation
- The court may grant judgment on the paperwork or schedule a short hearing.
13) If the defendant responds: follow court ordered pathway
Typical small claims pathway:
- Settlement conference / pre-trial conference (mandatory in many places)
- Exchange documents (and sometimes witness lists)
- Trial date set if no settlement.