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Small Claims CourtFixed feeEmployment claims in Small Claims Court

Unpaid wages claim (Small Claims)

Claim for unpaid wages or commissions in court instead of the Employment Standards route.

A claim usually must be started within two years of discovering the problem, and a defence is due 20 days after being served; court dates depend on the court office and are confirmed in writing before work starts. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Reviewing your documents, the amount in dispute and the two-year limitation period
  • Preparing the claim, defence or other court forms and filing them with the Small Claims Court
  • Arranging service on the other side and filing proof of service
  • Negotiating with the other side and preparing any offer to settle
  • Representing you at the settlement conference, a motion or the trial, where your service includes it
  • Explaining each next step and the court's deadlines in plain language

What is not included

  • Court filing fees, process servers, searches and other disbursements
  • Steps beyond the service you chose, such as a trial when the service covers documents only
  • Enforcing a judgment, such as garnishment or a writ, unless your service is an enforcement step
  • An appeal to the Divisional Court, where a licensed paralegal may not act
  • Claims over $50,000 or other matters that belong in the Superior Court of Justice

Who this service is for

  • Employees owed wages, commissions or termination pay
  • Someone dismissed without enough notice whose claim is $50,000 or less
  • Employers responding to a former employee's claim

Information to have ready

  1. 1Your employment contract or offer letter
  2. 2Pay stubs, your record of employment and the termination letter
  3. 3Any severance offer or release you were given
  4. 4Records of your job search since the job ended

Frequently asked questions

How much does it cost?

The fee is $650 plus 13% HST ($734.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

Can I file an Employment Standards claim and also sue?

Usually not for the same thing. Filing an Employment Standards complaint can stop you from suing for the same wages or termination, so it is worth choosing the route before you file either one.

Can a licensed paralegal represent me in Small Claims Court?

Yes. Licensed paralegals in Ontario may represent employees and employers in Small Claims Court for claims up to $50,000.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed, and a judgment may still need separate enforcement to be collected
  • Limited to claims within the Small Claims Court limit of $50,000
  • You must give documents and instructions in time to meet court deadlines
  • An appeal of a Small Claims Court judgment is heard by the Divisional Court, where a licensed paralegal may not act, so for an appeal the firm does only the parts a licensed paralegal is permitted to do and refers the appeal itself to a lawyer.
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Law Society of Ontario — Barreau de l'Ontario
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