Which Ontario Small Claim Court Forms Do I Need?

 

A discussion of various small claims scenarios and required forms.

 

 

 

 

The situation:

1. Suing in the Ontario Small Claims Court
2. Sued In The Ontario Small Claims Court
3. You Cannot Make It To A Settlement Conference
4. Proving You Served A Party

Suing in the Ontario Small Claims Court

Scenario 1

You hired a painter to paint your house. The painter took a $5000 deposit from you and ran away. You want to sue the painter in the Ontario small claims court.

Which Form Do You Need?

• Form 7A Plaintiff’s Claim (Breach of Contract)

Scenario 2

You were employed by XYZ Company. XYZ fired you last week but failed to pay you any severance. You want to sue XYZ company

Which Form Do You Need?

• Form 7A Plaintiff’s Claim (Wrongful Dismissal)

Scenario 3

You had a partnership with Doug Jones and Jim Smith that went sour. You want to sue Doug Jones and Jim Smith.

Which Form Do You Need?

• Form 7A Plaintiff’s Claim and
• Form 1A Additional Parties

On the Plaintiff’s Claim will be one of Doug Jones or Jim Smith and on the Additional Parties form will go the Defendant not named in the Plaintiff’s Claim.

 

Sued in the Ontario Small Claims Court

Scenario 1

You had a partnership with Doug Jones that went sour. Doug sued you in the small claims court and you want to defend yourself.

Which Form Do You Need?

• Form 9A Defence to Plaintiff’s Claim
  

 

Scenario 2

You are one of two Defendants sued. Your name was put on the Plaintiff’s Claim and the other Defendant was put on the Form 1 A Additional Parties Form.

 

Which Form Do You Need?

• Form 9A Defence to Plaintiff’s Claim and
• Form 1A Additional Parties. On the Form 9A will be your name and on the Form 1A you will put the other Defendant’s name.

Scenario 3

You are one of two Defendants sued. Your name was put on the Plaintiff’s Claim and the other Defendant was put on the Form 1 A Additional Parties Form.

Which Form Do You Need?

• Form 9A Defence to Plaintiff’s Claim and
• Form 1A Additional Parties. On the Form 9A will be your name and on the Form 1A you will put the other Defendant’s name.
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You Cannot Make It To A Settlement Conference

Scenario 1

You were sued in the Brampton Small Claims Court. You receive a Notice of Settlement Conference from the court informing you when your Settlement Conference is. You can’t make it to the Settlement Conference.

 

Which Form Do You Need?

• Form 13B Consent. You need the Consent of the other party to adjourn the Settlement Conference.

Scenario 2

You were sued in the Toronto Small Claims Court. You receive a Notice of Settlement Conference from the court informing you when your Settlement Conference is. You can’t make it to the Settlement Conference but can be available by phone.

Which Form Do You Need?

• Form 1B Request for Telephone or Video Conference and
• Form 13B Consent. You need the Consent of the other party to have a Settlement Conference by Phone.

 

Proving You Served a Party With the Plaintiff's Claim

Now, the timing of this deadline can be tricky, however.  Take the following example.

 

Scenario 1

You want to prove it to the court that you served a party with a small claims court document.

Which Form Do You Need?

• Form 8A Affidavit of Service – filed with the court.

 

What's Next

 

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