You may commence an action in Small Claims Court where:

• The value of the unpaid invoice(s) is $35,000 or less, excluding applicable interest and court costs. If the debt exceeds this amount, a plaintiff may elect to abandon the excess to stay within the court’s monetary jurisdiction.

• The debtor (defendant) resides, carries on business, or the transaction occurred in Ontario, thereby grounding jurisdiction in this province.

• You have exhausted reasonable efforts to resolve the matter informally, such as issuing demand letters or engaging in good faith settlement discussions.

The claim is brought within the statutory limitation period under the Limitations Act, 2002, which is typically two years from the date the debt became due or when the plaintiff discovered (or ought to have discovered) the non-payment.

If the claim exceeds $35,000, we will need to bring the claim in the Superior Court, or abandon the excess amount.

To support your claim effectively, it is critical to compile and organize documentary evidence and relevant information that will form the basis of the Plaintiff’s Claim. We will ask you for the following documents before starting your claim:

• Contract or agreement (written, oral, or implied): This may include emails, quotes, service agreements, or terms of sale evidencing the existence of a contractual relationship.

• Unpaid invoice(s): Clearly stating the amount due, payment deadline, services rendered or goods delivered, and any applicable tax or interest.

• Proof of delivery or performance: Such as signed delivery slips, emails confirming completion of work, time sheets, or other work logs.

• Communication records: Email correspondence, texts, call logs, or formal demand letters that demonstrate your efforts to seek voluntary payment prior to litigation.

Additional Information Required:

• Full legal name and address of the defendant (individual or corporation).

• Chronology of the transaction: Detailing the date of engagement, nature of the goods/services, and timeline of non-payment.

• Nature of relief sought: The outstanding principal amount, pre-judgment interest (if contractually agreed upon or claimed under the Courts of Justice Act, s.128), and any incidental costs (e.g., NSF fees, filing fees, or process server expenses).