Initiate a Civil Claim

Understanding Civil Claims

A civil claim is a lawsuit you file in court when you want to enforce your legal rights or seek compensation for harm, loss, or breach of an agreement.

Breach of Contract
Debt Recovery
Professional Negligence
Employment & Business Disputes

At GC Legal Support, we guide clients through every stage of starting a claim — from preparing the right court documents to representing you in negotiations or at trial.

The Law and Courts Involved

The Law &
Courts
  • Civil claims in Ontario are governed by the Courts of Justice Act, Rules of Civil Procedure, and relevant statutes for specific claims (e.g., Consumer Protection Act, Occupiers’ Liability Act).
  • Small Claims Court – disputes up to $35,000.
  • Ontario Superior Court of Justice – claims over $35,000 or complex cases.
  • Simplified Procedure (Rule 76) – claims between $35,000–$200,000 designed to reduce costs and delay.

Steps to Start a Civil Claim

1

Step 1

Identify the Cause of Action

Determine the legal basis (e.g., breach of contract, negligence, unpaid loan).

2

Step 2

Choose the Right Court

Small Claims Court or Superior Court, depending on the claim’s value and complexity.

3

Step 3

Prepare the Claim
  • Draft and file the Statement of Claim (Superior Court) or Plaintiff’s Claim (Form 7A) (Small Claims).
  • Outline the facts, legal basis, and the remedy sought (money, property, injunction).
4

Step 4

File and Pay Fees

File with the court online or in person, and pay the required filing fee.

5

Step 5

Serve the Defendant

Deliver the claim to the defendant according to the Rules of Civil Procedure.

6

Step 6

Wait for a Defence

The defendant has 20 days (in Ontario) to file a Defence (Small Claims) or Statement of Defence (Superior Court).

7

Step 7

Next Steps
  • If defended: the case moves forward to discovery, motions, or trial.
  • If undefended: you may seek default judgment.

How We Can Help

  1. Case Assessment

    Evaluating whether you have a strong legal claim.

  2. Drafting & Filing

    Preparing Statements of Claim or Small Claims forms.

  3. Serving Defendants

    Ensuring proper delivery of documents under the Rules.

  4. Negotiation & Settlement

    Working to resolve disputes without lengthy trials.

  5. Litigation Representation

    Representing you in motions, trials, or appeals.

  6. Enforcement of Judgments

    Helping collect money or enforce court orders after a successful claim.

We reduce conflict, protect your rights, and pursue fair remedies.

Frequently Asked Questions (FAQ)

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1

How long do I have to file a claim?

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1

Most claims must be started within two years of when you discovered (or should have discovered) the issue (Limitations Act, 2002).

2

How much does it cost to file?

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2

Filing fees vary. Small Claims is generally less expensive; Superior Court fees are higher, with extra costs for motions, trials, and legal services.

3

Do I always need a lawyer?

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3

Not required, but strongly recommended. Civil procedure is complex; errors in filing or serving can delay or dismiss your claim.

4

What if the defendant ignores the claim?

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4

You may request default judgment, allowing you to win without a trial if the defendant fails to respond.

5

Can I sue for legal costs?

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5

Yes. Courts may award partial recovery of your legal fees, depending on the circumstances.

6

How long does a civil case take?

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6

It varies. Small Claims may be resolved in months; Superior Court claims can take years if contested.

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