Small Claims Court vs. Superior Court in Ontario: Which One Is Right for Your Case?
If someone owes you money, damaged your property, or breached a contract, you have the right to pursue them through Ontario's court system. But which court do you use? The answer depends primarily on how much your claim is worth — and understanding the difference can save you significant time, money, and frustration.
This post breaks down the key differences between Small Claims Court and the Superior Court of Justice in Ontario, including the updated monetary limits that came into effect in 2025.
The Two Main Civil Courts in Ontario
For most civil disputes — meaning non-criminal legal conflicts between individuals or businesses — Ontario has two primary courts:
Small Claims Court — a simplified, accessible court designed for lower-value disputes
Superior Court of Justice — a more formal court for complex or higher-value matters
Both courts can order someone to pay money or return property. The key differences are the monetary limits, the procedure, the cost, and the complexity involved.
What Is Small Claims Court in Ontario?
Small Claims Court is a branch of the Superior Court of Justice designed to resolve disputes quickly, affordably, and with minimal procedural complexity. It is sometimes called the "People's Court" because it is accessible to individuals and small businesses without requiring a lawyer.
Small Claims Court provides an accessible system for individuals with smaller monetary disputes, with simple procedural rules, lower costs, and theoretically faster timelines — making it a practical alternative to the Superior Court of Justice.
Updated Monetary Limit — 2025
As of October 1, 2025, the Small Claims Court claim limit increased to $50,000, up from $35,000 set in 2020. This is one of the most significant changes to Ontario's civil court system in recent years and means that a much broader range of disputes can now be resolved through this simpler, more affordable process.
The $50,000 limit applies per plaintiff, exclusive of interest and costs.
What Can You Claim in Small Claims Court?
Small Claims Court handles claims for:
Money owed under a contract or agreement
Unpaid invoices or debts
Damage to property
Refunds for defective goods or services
Compensation for negligence causing financial loss
Recovery of personal property worth up to $50,000
Small Claims Court cannot grant injunctions, declarations, or other non-monetary remedies. If you need a court order stopping someone from doing something, you will need to go to Superior Court.
What Is the Superior Court of Justice?
The Superior Court of Justice handles civil disputes that exceed the Small Claims Court limit, as well as matters that require more complex legal remedies. It follows the Rules of Civil Procedure, which are significantly more detailed and technical than the Small Claims Court rules.
Superior Court matters typically involve:
Claims exceeding $50,000
Complex contract disputes between businesses
Defamation and libel claims
Injunctions and urgent court orders
Class actions
Real estate and property disputes involving significant value
Estates litigation
Appeals from certain lower tribunals
Superior Court proceedings involve multiple procedural steps — pleadings, discoveries, motions, pre-trial conferences, and trial — that are governed by strict rules and timelines.
What Happens If Your Claim Is Close to $50,000?
This is where strategy matters.
If your claim is worth slightly over $50,000, you have a choice: pursue the full amount in Superior Court, or reduce your claim to $50,000 to use Small Claims Court's simpler and less expensive process. This is called abandoning the excess, and it is a legitimate legal strategy when the cost savings of Small Claims Court outweigh the value of the amount abandoned.
There can be significant cost consequences if a plaintiff chooses the wrong forum. The Rules of Civil Procedure give a court discretion not to order any cost recovery for a plaintiff, even if successful, where the plaintiff's damages are within the monetary jurisdiction of the Small Claims Court but they instead chose to proceed in the Superior Court of Justice.
In plain terms: if your claim is worth $45,000 and you take it to Superior Court, a judge may penalize you on costs for not using Small Claims Court — even if you win.
How Does Small Claims Court Work in Ontario?
Step 1 — Demand Letter
Before filing a claim, it is generally advisable to send a formal demand letter to the other party outlining what you are owed and giving them an opportunity to resolve the matter without court involvement. Many disputes settle at this stage.
Step 2 — File a Plaintiff's Claim
You file a Plaintiff's Claim with your local Small Claims Court office. You pay a filing fee based on the amount of your claim. The claim sets out who you are, who you are suing, why, and how much you are claiming.
Step 3 — Serve the Defendant
The defendant must be properly served with the claim. There are specific rules about how service must be completed.
Step 4 — Defence
The defendant has 20 days to file a Defence. If they do not, you may be able to note them in default and obtain a default judgment.
Step 5 — Settlement Conference
A mandatory settlement conference is held before a judge or deputy judge. The purpose is to help the parties resolve the matter without going to trial. Many cases settle at this stage.
Step 6 — Trial
If the matter does not settle, it proceeds to trial. Small Claims Court trials are less formal than Superior Court trials. Evidence rules are more relaxed, and parties often represent themselves.
Do I Need a Lawyer for Small Claims Court?
You are not required to have a lawyer in Small Claims Court. Licensed paralegals can also represent you. Many people represent themselves successfully in straightforward matters.
However, legal representation — even in Small Claims Court — is worth considering when:
The other side has a lawyer or paralegal
The facts are disputed and credibility is at issue
The claim involves a contract with complex terms
You are the defendant and significant money is at stake
You are unsure how to properly gather and present your evidence
For Superior Court matters, legal representation is strongly recommended. The Rules of Civil Procedure are technical, deadlines are strict, and procedural errors can have serious consequences for your case.
How Chronicle Law Can Help
At Chronicle Law, we assist individuals and businesses across Mississauga, Toronto, and the Greater Toronto Area with civil disputes in both Small Claims Court and the Superior Court of Justice. Whether you are pursuing an unpaid debt, defending a claim, or navigating a complex contractual dispute, we can help you assess your options, understand the process, and pursue the best outcome for your situation.
We offer a free 15-minute consultation. Contact us at info@chroniclelaw.com or call (289) 270-9996.
