Small Claims Court in Ontario decides thousands of cases every year. While the process is designed to be accessible, preparation is everything. Here's how to present your case as effectively as possible.
Understand What You Need to Prove
In a civil case, you need to prove your claim "on a balance of probabilities" — meaning it's more likely than not that your version of events is correct. You need evidence, not just your word against theirs.
Gather Strong Evidence
- Documents: contracts, invoices, receipts, bank statements, emails, text messages
- Photographs/video: photos of damage, defective work, or the scene
- Witnesses: people who can testify to what happened
- Expert evidence: for damage to property, a contractor's written opinion on repair costs
Organize Your Presentation
Bring your documents organized chronologically. Number each exhibit. Have copies for the judge and the other party. Prepare a brief written timeline of events — judges appreciate clarity.
At the Hearing
- Be concise — don't repeat the same point multiple times
- Stick to the facts — emotional arguments rarely help
- Let the judge ask questions without interrupting
- Be respectful to the other party and the judge, even if the other side is difficult
- Bring everything the judge might need — don't rely on the other party to have documents
Common Mistakes to Avoid
- Overstating your claim or including amounts you can't prove
- Failing to mitigate your losses (you have a duty to minimize your damages)
- Being unprepared for the other party's defences
- Missing deadlines for filing documents or attending the settlement conference