A homeowner in Etobicoke pays a contractor an $18,000 deposit to finish a basement in March. Framing goes up, the electrician comes once, and then the crew stops showing up. By June the texts go unanswered, the contractor’s website is down, and the basement looks exactly the way it did in April, except with some drywall stacked in the corner.
This is exactly the kind of dispute Small Claims Court exists for. It’s faster and cheaper than the Superior Court, the forms are designed to be filled out by ordinary people, and plenty of claimants handle their own cases. Plenty of others find out partway through that the procedure, the evidence rules and the strategy are harder than the forms make them look.
If you’re thinking about bringing in a Toronto small claims court lawyer, it helps to know how the court works, what a lawyer or paralegal actually does for you there, and what to ask before you hire anyone.
What Small Claims Court can handle
Since October 1, 2025, Ontario’s Small Claims Court hears claims of up to $50,000, not counting interest and costs. That covers a wide range of everyday disputes, including unpaid invoices, bad renovations, deposits that were never returned, damaged property, unpaid loans between friends and breached contracts. If your claim is worth more than $50,000, you can either give up the excess and stay in Small Claims, or sue for the full amount in the Superior Court of Justice.
Timing matters as much as the amount. Most claims have to be started within two years of when you discovered, or should have discovered, the problem. Miss that deadline and the claim is usually gone, however strong it was.
In Toronto, the court sits at 47 Sheppard Avenue East in North York, which is the busiest Small Claims Court in the province. Claims can also be filed online through the Ontario courts portal.
How a case moves forward
| Step | What happens | Key detail |
| Plaintiff’s claim | You file a claim setting out what you’re owed and why | $108 filing fee for most people |
| Service | The claim is delivered to the defendant | Within six months of filing |
| Defence | The defendant responds, or you can seek default judgment | 20 days after service |
| Settlement conference | A judge gives both sides a frank view of the case | Required in most defended claims |
| Trial | Witnesses, documents and cross-examination | Rules of evidence apply |
The settlement conference is where most cases are actually decided. The judge’s assessment of each side’s strengths tends to push people toward a realistic settlement, and arriving prepared, with your documents organised and a clear sense of what you’d accept, makes a big difference.
After you win
A judgment doesn’t put money in your account by itself. If the other side doesn’t pay, Small Claims Court has its own enforcement tools. You can garnish wages or bank accounts, get a writ of seizure and sale against property, or bring the debtor back to court for an examination hearing, where they have to answer questions under oath about their income and assets. Each step has its own forms and fees, and this stage is where having someone who knows the system tends to save the most time, especially when a debtor is good at avoiding letters.
Lawyer or paralegal?
Both lawyers and licensed paralegals can represent you in Small Claims Court. Corporations generally have to appear through one or the other, unless the court allows an officer of the company to do it. Some firms, including Legal Solutions Law Firm, have lawyers and paralegals working together, which can keep costs sensible for straightforward claims while giving a more complicated case the attention it needs.
What to ask before hiring anyone
- How many Small Claims cases have you handled at Sheppard Avenue?
- Is your fee flat or hourly, and what does it cover?
- Will the same person handle the settlement conference and trial?
- What are my chances of actually collecting if I win?
- How much of my costs could I get back?
The collection question is the one people forget. A judgment is only worth something if the other side has money, property or wages you can reach, and a contractor who has shut down their company may be much harder to collect from than one who’s still working. A good lawyer will tell you that honestly before you spend money chasing a judgment.
On costs, a successful party can usually recover a portion of their representation costs, generally capped at around 15 per cent of the amount claimed, plus filing and service fees. Turning down a reasonable settlement offer and then doing worse at trial can change that, which is one more reason to take offers seriously.
Getting your file ready
Whoever you hire, the work goes faster and costs less when you walk in organised.
- The contract, quote or invoice.
- Proof of payment, such as e-transfer receipts.
- Texts and emails, in date order.
- Photos of the work or damage.
- Names of any witnesses.
- A short timeline of what happened.
About Legal Solutions Law Firm
Legal Solutions Law Firm represents people and businesses in Small Claims Court across Toronto and the GTA, and the firm reports having resolved more than 250 Small Claims cases. It’s led by Ryan Manilla, who was called to the Ontario Bar in 2008. Every matter starts with a free 30-minute consultation, and the firm quotes flat fees up front, with payment plans and no hourly billing.
For the homeowner in Etobicoke, the two-year clock started the moment the crew stopped showing up, so the right time to get advice is now, not after another round of unanswered texts.
This article is general information and isn’t legal advice for any particular case.