Go to Small Claims Court

If the Ministry is not able to help you, or if your claim is for $35,000 or less, you might want to sue the seller in Small Claims Court. You must file your claim within 2 years of when you first knew about the problem.

If you want to sue for more than $35,000, you have to do this in Superior Court. It’s very hard to do this without a lawyer. If you want to sue in Superior Court, you should try to get legal help. If you still want to sue in , you can waive the amount that is over $35,000. For example, if you are owed $40,000, you can waive your right to $5,000 and sue in Small Claims Court for $35,000.

The Ministry of the Attorney General website has a self-help guide for Small Claims Court.

In Small Claims Court, you have a chance to tell your story to a judge and present your evidence. The seller will also have a chance to tell their story.

You don’t need a lawyer to represent you in Small Claims Court. But  talking to a lawyer or paralegal can help you understand the court process. If you have a low income, you might be able to get help from Pro Bono Ontario.

But, there are some reasons why you might not want to sue in court, including:

  • you have to pay court fees
  • if you lose, the court could order you to pay some of the seller’s legal costs
  • the process can be complicated, especially if you don’t have a lawyer
  • it can take a year or more
  • if you win but the seller doesn’t pay, you have to try to collect the money on your own
Hide this website