Think about suing in Small Claims Court

If you are asking for $35,000 or less, you can file a claim in Small Claims Court by:

• Paying the bill and then suing in Small Claims Court using the regular claim form. 
• Applying to Small Claims Court to resolve your complaint by paying the full amount of the bill to the Court. Use Form 2 under the Repair and Storage Liens Act and read the Guide to Money Paid into Court.

You must file your claim within 2 years of when you first learned about the problem.

You do not need a lawyer to represent you in small claims court. But, talking to a lawyer can help you understand the court process.  

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

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 have a low income, you might be able to get help from Pro Bono Ontario for cases in Small Claims Court or Superior Court.

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 repair shop’s legal costs
• it can be a lot more work for you, especially if you don’t have a lawyer
• it usually takes a lot of time
• if you win but the repair shop doesn’t pay, it’s up to you to try to collect the money