8.1 Pleadings & Service

Every Small Claims Court case begins with a document, and every document must reach the other side in a way the Rules recognize. This section covers how a claim is started, how a defendant responds, and the strict service rules a paralegal must apply at every stage — errors here can delay a case by months or cause it to be dismissed outright.

Starting the Action: The Plaintiff's Claim

A plaintiff commences an action by filing a Plaintiff's Claim (Form 7A) with the Small Claims Court. If there is more than one plaintiff or defendant, or a defendant is known by more than one name and there is not enough space on the form, an Additional Parties (Form 1A) is attached. The claim must set out the facts giving rise to the dispute, the relief sought, and the amount claimed, up to the court's monetary jurisdiction (covered in detail in 8.4).

Where to File: Territorial Division

Under Rule 6.01, an action must be commenced:

The plaintiff's own residence is not a basis for venue. Trial is normally held in the place the action was commenced unless the balance of convenience substantially favours another location, and if a judge finds at trial or settlement conference that the action was started in the wrong place, the court may order it tried elsewhere rather than dismiss it.

Filing Fees and Limitation Periods

Claims must generally be filed within two years of the incident under the Limitations Act, 2002 — a paralegal who misses this deadline risks a negligence claim from their own client. Filing fees depend on claimant volume: an infrequent claimant (fewer than 10 claims per year at one court location) pays $108 to file a claim, $94 for a default judgment request, $308 to set a trial or assessment hearing date, and $127 for a Notice of Motion for an Assessment in Writing; a frequent claimant (10 or more per year) pays $228, $128, $403, and $127 respectively.

Serving the Claim

A Plaintiff's or Defendant's Claim can never be served by ordinary mail or email. Rule 8.01(1) requires either personal service (Rule 8.02) or an alternative to personal service (Rule 8.03), and service must be completed within six months after the claim is issued, though the court may extend that period before or after it expires.

Personal Service (Rule 8.02)

Alternative to Personal Service (Rule 8.03)

If personal service cannot be made at an individual's residence, a party may leave a copy in a sealed envelope with an adult who appears to live there, then mail or courier a second copy the same day or the following day. A claim may also be served by registered mail or courier requiring a signature, but this alternative is only effective once a signature confirming receipt is obtained from the individual or another apparent household member — an ordinary regular-mail attempt does not satisfy it. For a corporation whose head office cannot be located at its recorded address, service may be made by mailing or couriering the document to that address and to each director individually.

Example: A paralegal cannot locate ZC Roofing Ltd.'s registered office. She mails a copy of the Plaintiff's Claim to the last address on file with the corporate registry and to each listed director. This satisfies Rule 8.03(3) even though no one was handed the document personally.

Proof that service occurred is filed as an Affidavit of Service (Form 8A), sworn by the person who effected service, for each defendant served.

The Defence

Once served, a defendant has 20 days to respond by filing a Defence (Form 9A). The defendant has three options: admit the claim, in whole or part, and propose payment terms; dispute the claim, in whole or part, giving a full response to each disputed item; or do nothing.

• If the defendant admits and proposes terms the plaintiff disputes, the plaintiff may file a Request to Clerk (Form 9B) within 20 days of receiving the defence to obtain a terms-of-payment hearing before a referee.
• If the defendant disputes any part of the claim, the matter proceeds to a mandatory settlement conference (covered in 8.2).
• If no defence is filed within 20 days, the plaintiff may ask that the defendant be noted in default (covered in 8.3).

The Defendant's Claim

A defendant who wants to counterclaim against the plaintiff, or bring in a third party, issues a Defendant's Claim (Form 10A). It must be issued within 20 days after the defence is filed, or later only with leave of the court. Anyone served with a Defendant's Claim who wants to dispute it has 20 days to file their own Defence (Form 9A). A Notice to Alleged Partner (Form 5A) lets a plaintiff suing a partnership under its firm name also pursue an individual believed to be a partner personally; that person is deemed to have been a partner unless they file a separate defence denying it.

Change of Address

A party whose address for service changes must notify the court and every other party within seven days of the change (Rule 8.09). Failing to do so can mean a party misses a critical notice, such as a settlement conference date, through no fault of the court, and can seriously complicate a paralegal's file management.