Plaintiff’s Claim (Form 7A) – Rules of the Small Claims Court – Ontario Court Services

Form 7A is used in the Ontario Superior Court of Justice’s Small Claims Court to file a plaintiff’s claim. This form initiates a legal process where the plaintiff (the party filing the claim) seeks monetary compensation or the return of specific goods from the defendant (the party being sued).

Filing Form 7A in the Ontario Small Claims Court involves several detailed steps. Follow this guide to complete each section accurately.

Court Information

• Claim No.: Leave this blank; the court will assign a claim number when you file.
• Address and Phone Number: Fill in the court’s address and phone number where you are filing your claim.

Plaintiff Information

• Plaintiff No. 1
  • Check the box if there are additional plaintiffs listed on an attached Form 1A.
  • Check the box if the plaintiff is under 18 years of age.
  • Last name or name of company: Enter the last name if an individual or the full name if a company.
  • First name and Second name: Fill in the plaintiff’s first and middle names (if applicable).
  • Also known as: If the plaintiff is known by another name, enter it here.
  • Address (street number, apt. unit): Provide the complete address.
  • City/Town, Province, Postal code, Phone no., Email address: Fill in the contact details.
• Representative
  • Law Society of Ontario no.: Enter the representative’s law society number if applicable.
  • Address, City/Town, Province, Postal code, Phone no., Email address: Provide the representative’s contact information.

Defendant Information

• Defendant No. 1
  • Check the box if there are additional defendants listed on an attached Form 1A.
  • Check the box if the defendant is under 18 years of age.
  • Last name or name of company: Enter the last name if an individual or the full name if a company.
  • First name and Second name: Fill in the defendant’s first and middle names (if applicable).
  • Also known as: If the defendant is known by another name, enter it here.
  • Address (street number, apt. unit): Provide the complete address.
  • City/Town, Province, Postal code, Phone no., Email address: Fill in the contact details.
• Representative
  • Law Society of Ontario no.: Enter the representative’s law society number if applicable.
  • Address, City/Town, Province, Postal code, Phone no., Email address: Provide the representative’s contact information.

Reasons for Claim and Details

• Explain what happened, including where and when.
  • Provide a detailed account of the incident leading to the claim.
  • Where: Specify the location.
  • When: Include the date and time.
• How much money or what goods are you claiming?
  • Enter the amount of money you are claiming.
  • If claiming goods, describe them in detail.
• Attach copies of supporting documents:
  • Attach any contracts, repair bills, photographs, or other evidence supporting your claim.
  • If evidence is lost or unavailable, explain why it is not attached.

Monetary Claim

• How much?
  • Principal amount claimed: Enter the total amount of money you are claiming.
  • Interest and costs: Specify if you are claiming pre-judgment interest (from a specific date) and under which act or agreement.
  • Post-judgment interest and court costs: State if you are claiming these as well.
  • Additional pages: Check the box if additional pages are attached.

Signature and Date

• Prepared on: Enter the date you prepared the form.
• Signature of plaintiff or representative: Sign the form.
• Issued on: Leave this blank; the court clerk will complete it.
• Signature of the clerk: Leave this blank; the court clerk will sign it.

Instructions for Filing a Claim

Complete the Plaintiff’s Claim form

1. • Ensure all sections are filled out accurately.
   • Attach all relevant documents.

File the Plaintiff’s Claim

1. • Submit the completed form and documents online or at the Small Claims Court office.
   • Pay the required fee (cheques or money orders payable to the Minister of Finance).

Serve the Defendants

1. • Serve each defendant with a copy of the filed claim and documents according to the rules.
   • Refer to the “Guide to Procedure in the Small Claims Court – Serving Documents” for detailed instructions.

Important Considerations

• Assess the likelihood of recovering the claimed amount.
• Consider the defendant’s financial situation and ability to pay.
• Consult the “Guide to Procedure in the Small Claims Court – After Judgment” for further steps after judgment.