Lisa Duchene
September 28, 2026
Someone owes you money and will not pay. Or a court envelope has arrived and you are the one being sued. Either way, one of the first decisions is whether to handle the case yourself or have someone represent you.
In Ontario's Small Claims Court, most people choose between three routes: representing themselves, a licensed paralegal or a lawyer. That is not the full list. In limited cases, an unpaid friend or family member may also act. This guide explains what the court hears, what the law says about who may appear for a party, and what each choice means in practice. It is general information, written for both sides of a dispute.
A few terms first
- Plaintiff: the person or business that starts the case by suing.
- Defendant: the person or business being sued.
- Claim: the court document that starts the case and sets out what the plaintiff says is owed and why. In Small Claims Court it is a form called the Plaintiff's Claim (Form 7A).
- Party: a plaintiff or a defendant in the case.
What Small Claims Court hears, and the $50,000 limit
According to Ontario Courts, the Small Claims Court hears civil claims valued up to $50,000 where a party is seeking money or the return of personal property.
The limit changed recently. The province's page on suing someone in Small Claims Court says that effective October 1, 2025, the court's monetary limit increased from $35,000 to $50,000.
The same page gives examples of the claims the court hears:
- money owed under an agreement, such as unpaid goods, loans, rent or NSF cheques
- claims for damages, such as property damage, personal injuries or breach of contract
If what you are owed is more than $50,000, the province says you can still file in Small Claims Court if you are willing to waive, or give up, the amount over $50,000. Otherwise, a larger claim belongs in the Superior Court of Justice, which has its own rules and is outside the scope of this article.
What the law says about who may represent a party
Two sources set the rule.
The first is section 26 of the Courts of Justice Act. It says a party may be represented in a proceeding in the Small Claims Court by a person authorized under the Law Society Act to represent the party. It also lets the court exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing for a party if the court finds that person is not competent to represent the party properly, or does not understand and follow the duties of an advocate.
The second is the Rules of the Small Claims Court, O. Reg. 258/98. The rules define a "representative" as the lawyer, paralegal or other person representing a person in a proceeding. They define a "paralegal" as a person licensed under the Law Society Act to provide legal services in Ontario. They also make clear that nothing in the rules lets the court permit someone to act as a representative if that person is not authorized to do so under the Law Society Act.
The Law Society's By-Law 4 also lets some people provide, without a licence, the legal services a Class P1 paralegal may provide. Under Part V, section 30, that includes a person acting for a friend or neighbour, and a person acting for a family member who is a "related person" under the Income Tax Act (Canada). In both cases, the person's profession or occupation must not be and must not include providing legal services or practising law, and the person must not expect or receive any compensation, including a fee, gain or reward, direct or indirect. A person acting for a friend or neighbour may do so in not more than three matters per year.
Section 26 of the Courts of Justice Act still applies: because such a person is not licensed, the court may exclude them from a hearing if it finds they are not competent to represent the party properly, or do not understand and follow the duties of an advocate.
Put simply, a party may act for themselves, be represented by a licensed paralegal or a lawyer, or be represented by an unpaid friend, neighbour or family member who meets the By-Law 4 conditions. For most people, the choice is between representing themselves, a licensed paralegal and a lawyer.
Option one: representing yourself
You do not need a representative to use Small Claims Court. The province's page says you don't need to hire a lawyer or paralegal to sue someone, although you may want to consult one to help you with the process. The rules call a person with no representative "self-represented", and the same rules apply to them as to everyone else.
If you represent yourself, you carry out each step personally. For a plaintiff, that starts with preparing and filing the Plaintiff's Claim (Form 7A), which the province says can be filed in person, by mail or online where eligible, and then serving it on the defendant.
For a defendant, the province says you have 20 days after being served with the claim to respond. The options it lists are:
- file a Defence (Form 9A) admitting part or all of the claim and proposing terms of payment
- file a Defence (Form 9A) disputing part or all of the claim
- do nothing, in which case the plaintiff can ask the court to note you in default, which may lead to a default judgment
If the claim is disputed, the province says both parties attend a settlement conference with a judge to share evidence and try to resolve the case. If it does not resolve, it goes to trial, where each party tells their side of the story and the judge makes a decision.
Ontario Courts points self-represented people to free help, listed on its page on finding legal help and representation. These include Steps to Justice's Small Claims Court Guided Pathways, a free tool for completing court forms, and Pro Bono Ontario's Free Legal Advice Hotline. The court's guide to the Small Claims Court process walks through the stages.
Option two: a licensed paralegal
A paralegal in Ontario is licensed by the Law Society of Ontario. The Law Society's By-Law 4 names one class of licence to provide legal services, Class P1, and section 6 sets out what a Class P1 licensee may do. For a proceeding in the Small Claims Court, that includes:
- giving a party advice on their legal interests, rights or responsibilities in the proceeding
- representing the party before the Small Claims Court
- selecting, drafting, completing or revising documents for use in the proceeding, such as a claim or a defence
- negotiating the party's legal interests, rights or responsibilities in the proceeding
These activities are subject to any terms, conditions, limitations or restrictions on the licence. Lisa Duchene, who leads AI Paralegal Services, holds a Class P1 paralegal licence from the Law Society of Ontario.
The court's rules expect a representative to be involved at each stage. A claim and a defence each record whether the party has a representative and, if so, that person's contact details. Documents can be served on a party who has a lawyer or paralegal by leaving them with that representative, but under rule 8.03(5) this counts as service only if the lawyer or paralegal, or an employee in their office, endorses an acceptance of service and the date on the document or a copy of it. At the settlement conference, the rules require a party and the party's representative, if any, to take part.
This is the kind of Small Claims Court representation AI Paralegal Services offers, for plaintiffs and defendants alike.
Option three: a lawyer
A lawyer licensed by the Law Society of Ontario may also represent a party in Small Claims Court. For the steps above, the court's rules treat both as a party's "representative".
Some disputes reach beyond Small Claims Court. A claim above $50,000 that you do not want to waive belongs in the Superior Court of Justice, which this article does not cover. If your matter might be larger, or might involve another area of law, raise it early and ask whoever you consult to confirm it falls within their licence.
If a party is a child or a person under disability
One more rule affects who acts for a party. Under rule 4 of the Small Claims Court rules, a case by or against a person under disability, which includes a minor, is started, continued or defended by a litigation guardian. That is a person who steps in to make decisions in the case for that party. There is one exception in rule 4.01(2): a minor may sue for any sum up to $500 as if they were an adult, without a litigation guardian. If this applies to you, read rule 4 in full or ask a legal professional about it before filing.
Things to weigh before you decide
There is no single right answer. A few practical questions can help you decide:
- Time. Preparing forms, serving documents and attending a settlement conference and trial all take time, often during working hours.
- Deadlines. A defendant has 20 days after service to respond. Most claims must be started within two years of the incident, according to the province's page. Are you confident you can track the dates?
- Documents and evidence. Contracts, invoices, messages, photos and receipts need to be organized so a judge can follow them.
- Comfort speaking in court. At the settlement conference and at trial, someone has to present your side clearly.
- Which side you are on. A plaintiff controls when the case starts. A defendant is working to a deadline that began when the claim was served.
Common questions
Can a paralegal represent me in Small Claims Court in Ontario?
Yes. Section 26 of the Courts of Justice Act allows a party to be represented in Small Claims Court by a person authorized under the Law Society Act. The Law Society's By-Law 4 authorizes a Class P1 paralegal to represent a party before the Small Claims Court, subject to any limits on the licence.
Can a paralegal prepare my claim or defence?
Yes. By-Law 4 authorizes a Class P1 paralegal to select, draft, complete or revise documents for use in a Small Claims Court proceeding, and to give the party advice about it.
Can a paralegal sign a claim form?
Yes, if the paralegal is representing the plaintiff. The Plaintiff's Claim (Form 7A) has a signature line for the "plaintiff or representative", and the Small Claims Court rules count a licensed paralegal as a representative. The claim then records the paralegal's name, contact details and Law Society registration number. After filing, the court clerk issues the claim by dating, signing and sealing it.
Do I need a lawyer or paralegal to sue someone in Small Claims Court?
No. The province says you don't need to hire a lawyer or paralegal to sue someone, although you may want to consult one for help with the process. The same is true if you are the defendant.
What is the Small Claims Court limit in Ontario?
It is $50,000. The province says the limit increased from $35,000 to $50,000 effective October 1, 2025. If you are owed more, you can still file in Small Claims Court if you are willing to waive the amount over $50,000.
Can a friend or family member speak for me in court?
In limited cases. Section 30 of the Law Society's By-Law 4 lets an unpaid friend, neighbour or family member, whose work does not involve legal services, provide the legal services a Class P1 paralegal may provide, subject to the conditions set out in the section above. Under section 26 of the Courts of Justice Act, the court may still exclude an unlicensed person from a hearing if it finds they are not competent to represent the party properly, or do not understand and follow the duties of an advocate.
If you are weighing a Small Claims matter
If you are a plaintiff or a defendant with a claim in this court and want to understand your options, AI Paralegal Services can review the details with you. Contact us to arrange a consultation or send your matter details through intake. AI Paralegal Services also represents landlords and tenants at the Landlord and Tenant Board; our recent guide to rent arrears changes at the LTB is one example of that work.
This article is general information about Ontario Small Claims Court procedure as of September 2026. It is not legal advice about your situation, and reading it does not create a paralegal-client relationship. Rules and limits change, so check the current official sources, and speak with a licensed legal professional about your own matter.