WHO do you want to sue?
WHERE should you sue?
WHAT information do you have to support your claim?
WHEN should you sue?
HOW much will it cost you to make a claim?

WHO do you want to sue?

• Who are the parties in a civil action?  In an action, the party who commences the lawsuit is a plaintiff; the party who is being sued is the defendant. In an application, the party who commences a lawsuit is an applicant; the party who is being sued is a respondent.
• Do you know the legal name of the person or business you wish to sue and their current residential or business address?  You will need correct information about whom you are suing to properly prepare and serve your claim, and to enforce a judgment if you are successful. For information on how to search a corporation or registered business name, you may contact the Companies Helpline, Ministry of Government Services. Please note that there is a fee for the search and the search will not be conducted over the phone. The Helpline can be reached at (416) 314-8880 or toll free in Ontario at 1(800) 361-3223. Before requesting a search, you must have the exact name of the corporation or the Ontario corporation number, or the exact name of the registered business.
• If you win, will you be able to collect from the person/business?  If you obtain a judgment in your favour, you may have to enforce the judgment. In order for you to collect, the person/business must have one of the following:
  • money,
  • assets that can be seized and sold, or
  • a debt owed to them by someone else (e.g. bank account, employment income) that can be garnished.
• Does the person/business owe others money?  You may be able to find out by contacting your local credit bureau, enforcement office, land registry office, and/or court offices. (Please note that a fee may be payable.) You may find that there are other creditors who are already waiting to collect their judgments.
• Even if the person/business does not have money now, you may be able to collect your judgment in the future.

WHERE should you sue?

• Is the Superior Court of Justice or the Small Claims Court the right place for you to bring your claim?  If your claim is for money or the return of personal property valued at $10,000.00 (Canadian) or less, not including interest and costs, you may wish to bring your claim in Small Claims Court. If the amount of your claim is more than the current limit, you may still choose to use Small Claims Court because it is simpler and less expensive. However, you will have to give up any future attempt to recover the excess amount over the Small Claims Court limit, even in another court. Small Claims Court cannot issue a judgment valued at more than $10,000. Claims valued above $10,000 must be brought in the Superior Court of Justice.
• Which office of the Superior Court of Justice should you attend to have your claim issued?  Unless a statute or rule directs otherwise, you may commence your proceeding at any court office in any county in Ontario. For a list of court addresses, click here.  Note, however, that a defendant may ask the court to have the case transferred to a different court location.

WHAT information do you have to support your claim?

• Do you have enough evidence to support your claim?  You will have to prove your case. Consider what witnesses and/or documents you have to support you. If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful. However, if it is just your word against the other person's, it may be more difficult to prove your case.
• Do you have a record of any payments, such as returned cheques or a clear recollection of what happened and when?  You will be required to include in your statement of claim a short, clear summary of the events that took place and the reasons you think you are entitled to judgment against the defendant.
• Remember, the other party is able to respond to your claim and may give evidence that will affect the judge's view of your entitlement.

WHEN should you sue?

• How long ago did the dispute take place?  There may be a time limit on how long you can wait before starting a lawsuit, which is set out in the Limitations Act. If you are uncertain about what limitation period applies to your case, you should consult a lawyer. See Who can help me with my civil case? How can I get a lawyer?
• Can you attend at the court office to file documents and/or attend in court for a trial?  You will have to attend court on a number of occasions to pursue your claim. You or someone acting on your behalf must attend the court office to have documents issued. For more on issuing documents, see Steps in a civil action: Bringing a claim. You will also be required to attend court for trial dates.
• Is it possible for you to resolve the issue in another fashion?  You may want to consider a less formal method of resolving a dispute through a neutral third party, such as a private mediator or arbitrator. See Alternatives to suing.

HOW much will it cost you to make a claim?

• Fees are payable to the Minister of Finance upon filing a claim and for most steps in a proceeding, such as filing a motion. These fees may be paid at the court counter. The number of steps in a proceeding varies from case to case.
• For more information on fees, see Court fees.
• If you are successful and are granted a judgment, the judgment may include the fees you have paid.
• If the debtor refuses to pay even after you have a judgment, additional fees must also be paid to enforce (attempt to collect) the judgment. You may also incur expenses to enforce a judgment.
• If you are not able to afford the court fees, you may be eligible to have fees waived. For more information on fee waiver, see Fee Waiver.
• You should expect to pay other costs related to your lawsuit as well. These might include photocopying fees for relevant documents, and fees paid to expert witnesses. The cost of a lawsuit will vary from case to case.