Starting a Civil Claim in Ontario: How to Start a Civil Lawsuit

PRESUMPTION OF INNOCENCE CANADA | GENERAL PUBLIC LEGAL EDUCATION

Civil Court and Claims, Article #4 • Primary search phrase: how to start civil lawsuit Ontario

For people trying to understand how to start a civil lawsuit in Ontario, the first step is not simply completing a court form. A civil case must be started in the correct court, against the correct legal parties, within any applicable time limit, using the proper originating document and service process. Ontario has different procedures for Small Claims Court and the Superior Court of Justice, and some disputes belong before tribunals or other specialized decision-makers instead of a civil court.

What starting a civil claim means

Starting a civil claim means formally beginning a court proceeding that asks a court to grant a civil remedy. Common remedies include payment of money, return of personal property, declarations, injunctions or other orders that the chosen court has authority to make. The person starting an action is generally called the plaintiff, and the person or organization responding is the defendant.

Not every Ontario civil proceeding begins in the same way. Most Superior Court lawsuits proceed by action and are started by a statement of claim. Some matters are started by application when legislation or the Rules of Civil Procedure provide for that procedure. Small Claims Court uses its own rules and forms.

Choosing the correct Ontario court and procedure

Route

General use

Typical starting document

Small Claims Court

Money or return of personal property valued at $50,000 or less, excluding interest and costs.

Plaintiff’s Claim (Form 7A).

Superior Court, simplified procedure

Qualifying claims for money, real property or personal property up to $200,000 generally proceed under Rule 76.

Usually Statement of Claim (Form 14A).

Superior Court, ordinary or other procedure

Claims above the Small Claims limit, claims outside Rule 76, or remedies requiring Superior Court authority.

Usually Statement of Claim; some proceedings begin by application or another prescribed process.

The monetary amount is only one part of court selection. The remedy, governing legislation and subject matter can affect jurisdiction, and some disputes belong before tribunals or specialized procedures rather than an ordinary civil action.

Check limitation periods before starting

Limitation periods can determine whether a claim may proceed

Ontario’s Limitations Act, 2002 establishes a basic limitation period of two years from discovery of a claim unless another rule or exception applies. The Act also contains an ultimate limitation period and special rules for situations such as minors, incapacity and certain statutory claims. Calculating a limitation period can be legally complex. A person who is unsure about a deadline should obtain legal advice promptly.

Before preparing an originating document

Several preliminary questions can affect whether the claim is properly started:

• What court or tribunal has jurisdiction over the dispute?
• What is the full legal name of each proposed plaintiff and defendant?
• What remedy is being requested, and does the chosen court have authority to grant it?
• What limitation period or special notice requirement may apply?
• Where should the case be started, and are there local practice directions?
• Is there a required pre-litigation or statutory process?
• What fees apply, and is a fee waiver potentially available?

These are general issue-spotting questions, not a checklist for deciding whether a particular lawsuit should be brought. The legal basis of a claim and the identity of the proper defendants can require legal analysis.

How to start a civil lawsuit in Ontario Superior Court

Under the Rules of Civil Procedure, an action is generally commenced by a Statement of Claim (Form 14A). Mortgage actions use a different prescribed form. If there is insufficient time to prepare a statement of claim, Rule 14.03 permits a Notice of Action (Form 14C); a Statement of Claim (Form 14D) must then generally be filed within 30 days after the notice is issued.

A statement of claim is a pleading. Rule 25.06 requires a concise statement of the material facts relied on, not the evidence by which those facts will later be proved. It should also identify the relief claimed. Court staff cannot advise what causes of action or remedies should be pleaded.

Issuing the claim

A draft does not commence the action. The originating process must be issued by the court. Under Rule 14.07, the registrar dates, signs and seals it and assigns a court file number. Filing fees generally apply unless waived or exempted.

Online filing differs by region. Toronto-region Superior Court civil filings use the Ontario Courts Public Portal; outside Toronto, Ontario continues to use Justice Services Online. Current court directions should be checked before submission.

Serving the issued claim

After issuance, the statement of claim must be served on each defendant under the Rules of Civil Procedure. Rule 14.08 generally requires service within six months. Rules 16 and 17 govern service, including outside Ontario, and proof is commonly recorded using Form 16B, Affidavit of Service.

Service is a formal procedural step. Sending a document informally is not necessarily valid service, and the required method can depend on the type of defendant and where service occurs.

Starting a Small Claims Court claim

Ontario Small Claims Court generally hears claims for money or return of personal property valued at $50,000 or less, excluding interest and costs. The limit became $50,000 on October 1, 2025.

A plaintiff generally starts with a Plaintiff’s Claim (Form 7A). It identifies the parties, facts and requested relief. Current guidance requires filing at a proper Small Claims Court location, such as where the cause of action arose or a defendant lives or carries on business, subject to the rules.

Once issued, the Small Claims Court claim must be served on every defendant. Current court guidance states that the deadline is generally six months from issuance. The person who serves the claim normally completes an Affidavit of Service (Form 8A).

What happens after the defendant is served?

What happens next depends on the response. In Superior Court, Rule 18 generally gives a defendant served in Ontario 20 days to deliver a defence, with longer periods elsewhere; a timely Notice of Intent to Defend can add 10 days. Small Claims Court also generally uses a 20-day defence period.

If a defence is delivered, later stages may include pleadings, disclosure, discovery, settlement, motions and trial. If no defence is delivered, default procedures may become available, but judgment is not automatic in every case.

Important educational considerations

• Starting a lawsuit does not establish that the plaintiff’s allegations are true. The defendant may dispute the facts, law, damages, jurisdiction or remedy.
• Civil court documents are generally public unless legislation, a court order or another legal rule restricts access. Sensitive personal information should not be included unnecessarily.
• A successful judgment does not guarantee payment. Enforcement may require separate steps, fees and information about the judgment debtor’s assets.
• Costs can be ordered in civil litigation. Starting in a court that is unnecessarily expensive or inappropriate can create financial consequences.
• Amending a claim may be possible, but amendments are governed by rules and limitation-period principles. It is safer to identify parties and claims carefully before filing.
• Court forms, fees, filing portals and practice directions change. Current official sources should always be checked.

General practical organization steps

• Create a chronology of key events and keep the source document for each date.
• Confirm the legal names and service addresses of the proposed parties using reliable records.
• Keep separate folders for drafts, issued documents, served copies, affidavits of service and court correspondence.
• Record limitation dates and procedural deadlines, but verify them against current legislation, rules and any court order.
• Keep confirmation emails or receipts showing when documents were submitted, accepted, issued or filed.
• Read the current court guide, applicable rules and local practice directions before each procedural step.

Emotional and financial impact

Starting a civil claim can involve uncertainty, expense and ongoing communication. Court fees, service, expert evidence, time away from work and possible costs awards can add pressure. Organized records and appropriate support can make the process easier to manage without changing the merits.

When professional assistance may be appropriate

Legal advice may be especially important when a limitation period is close, the correct defendant or jurisdiction is uncertain, a government body is involved, the remedy is complex, or the legal basis is unclear. Lawyers and, within their permitted scope, paralegals may provide representation or limited-scope help. Court staff provide procedural information, not legal advice.

How Presumption of Innocence Canada may help

Presumption of Innocence Canada provides public legal education and moderated discussion groups for general educational discussion. PIC does not provide legal advice, representation, case-specific strategy or conclusions about an individual dispute.

Frequently Asked Questions

1. How do I start a civil lawsuit in Ontario?

It depends on the court and proceeding. A Superior Court action usually begins with an issued Statement of Claim; Small Claims Court generally uses a Plaintiff’s Claim. Some matters begin by application or specialized process.

2. Is every Ontario civil lawsuit started in Superior Court?

No. Small Claims Court currently has jurisdiction over many money and personal-property claims up to $50,000. Other disputes may belong before tribunals or specialized processes.

3. What is the difference between filing and serving a claim?

Filing or issuance places the document in the court process. Service formally delivers the issued document to another party in a manner permitted by the rules. Both steps can have separate deadlines.

4. How long do I have to start a civil claim?

Many Ontario claims are subject to a basic two-year discovery-based period, but exceptions, other statutory periods and an ultimate limit may apply. A deadline should not be assumed without legal analysis.

5. What if my claim is worth more than $50,000?

Claims above the Small Claims limit generally belong in Superior Court unless another forum has jurisdiction. Qualifying claims up to $200,000 generally use simplified procedure.

6. Can I use Small Claims Court if I am owed more than $50,000?

Ontario guidance permits a claimant to waive the amount above the Small Claims limit. Giving up part of a claim can have legal consequences, so legal advice may be useful.

7. Does the Statement of Claim include all my evidence?

No. A Superior Court pleading generally sets out material facts and relief sought, not all supporting evidence. Evidence is addressed later under procedural and evidentiary rules.

8. What happens if the defendant does not respond?

Default procedures may become available after the defence deadline and proof of service requirements are satisfied. The result depends on the claim and court rules; judgment is not automatic.

Conclusion

Understanding how to start a civil lawsuit in Ontario means more than completing the first form. The correct court, parties, limitation period, originating process, filing method and service rules all matter. Current official guidance should be checked, especially where deadlines or jurisdiction are uncertain.

Related educational resources

• Civil Court and Claims, Article #1: Understanding Civil Lawsuits in Canada
• Civil Court and Claims, Article #2: Civil Court vs Criminal Court
• Civil Court and Claims, Article #3: Who Can Sue and Who Can Be Sued?
• Future companion topic: Responding to a Civil Claim
• Future companion topic: Understanding Pleadings and Statements of Claim
• Future companion topic: Limitation Periods in Civil Cases

PIC editorial review

Editorial review completed for public-education framing, neutrality, accidental legal advice, unsupported claims, Ontario terminology, keyword use, repetition, outcome promises and source verification. The article distinguishes procedure from legal decisions about jurisdiction, claims, defendants, limitation periods and remedies.

Suggested authoritative sources for verification

Use the current consolidated Rules of Civil Procedure and Limitations Act, 2002 on Ontario e-Laws; current Ontario Ministry of the Attorney General civil and Small Claims guides; and current Superior Court of Justice self-represented litigant guidance and practice directions. Confirm portal instructions immediately before publication because court technology and filing directions can change.

Educational disclaimer

This article provides general educational information only. It is not legal advice and does not create a lawyer-client relationship. Legal procedures and rights may vary by jurisdiction and individual circumstances. Anyone facing a legal matter should obtain advice from a qualified lawyer.

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