Drafting a Plaintiff's Claim (Form 7A)

Overview of the Process

The Plaintiff's Claim is the document that starts your lawsuit in Small Claims Court. It tells the court and the defendant who you are suing, why you are suing them, and how much money you are asking for.

Essential Components of your Claim

1. Identify the Parties

   Ensure you have the correct legal name of the defendant. Suing a "Business Name" that isn't a legal corporation may lead to enforcement issues later.

2. The "Who, What, Where, When, and Why"

   Provide a clear, chronological summary of the facts. Use short, numbered paragraphs to make it easy for the judge to read.

3. The Amount Claimed

   State the exact amount of money you are seeking (up to $35,000). You can also claim interest and "costs" (your filing and serving fees).

Common Pitfalls to Avoid

• Being Vague — Don't just say "they owe me money." Explain the specific breach of contract or the damage caused.
• Missing the Statute of Limitations — In Ontario, you generally have only two years from the date of the event to file a claim.
• Suing the Wrong Person — Make sure you are suing the person or company that actually caused the harm.