Do You Need a Lawyer for Small Claims Court in Ontario

Sara Santos-Vigneault
2 days ago
3 min read

Written by: Sara Santos-Vigneault

Date: February 23, 2026

Two men in office chairs have a serious discussion at a table. One wears a suit, holding a notepad; the other in a blue shirt gestures. Green wall behind. — Photo by Tima Miroshnichenko

What Is the Small Claims Court in Ontario

The Small Claims Court is a branch of the Superior Court of Justice established under the Courts of Justice Act [1]. It is intended to resolve lower-value civil disputes through a more streamlined process than higher levels of court.

Small Claims Court in Ontario hears claims for money or the return of personal property where the amount in dispute does not exceed $50,000, exclusive of interest and costs.

This limit was raised by regulation in October 2025 [2]. Although the court is intended to be more accessible, parties are still required to follow formal rules of procedure and evidence [3].

Types of Disputes Commonly Heard in Small Claims Court

Small Claims Court regularly hears civil disputes such as:

Claims for unpaid debts or invoices
Breach of contract
Property damage
Consumer transactions
Claims for the return of deposits or money owed

Cases are decided based on the evidence properly before the court, including documents and witness testimony, and the application of relevant legal principles.

Is a Lawyer Required in Small Claims Court

A lawyer is not required to bring or defend a claim in Ontario Small Claims Court.

Under the Rules of the Small Claims Court, parties may represent themselves or be represented by an authorized representative. Authorized representation may include a lawyer or a licensed paralegal [3]. The Government of Ontario provides public legal information explaining the Small Claims Court process, including how individuals may participate in proceedings on their own behalf [4].

Lawyers are fully authorized to represent parties in Small Claims Court and regularly appear in these proceedings. Legal counsel may be involved in matters that raise legal complexity, involve multiple parties, or are connected to related proceedings outside the court’s jurisdiction. Lawyers may also assist with legal analysis, evidentiary issues, and compliance with procedural requirements.

Nothing in the Small Claims Court process restricts a party’s ability to retain a lawyer if they choose to do so.

Man in suit holding papers, sitting at a desk facing a lawyer with computer. Engaged in a serious conversation with a woman. — Photo by RDNE Stock project

Paralegal Representation in Small Claims Court

Licensed paralegals in Ontario are authorized to represent parties in Small Claims Court and are regulated by the Law Society of Ontario [5].

The Rules of the Small Claims Court expressly permit representation by licensed paralegals [3].

Within Small Claims Court, licensed paralegals may:

Prepare and file claims and defences
Communicate with opposing parties
Appear at settlement conferences
Appear at motions and trials
Examine witnesses where permitted under the rules

Many paralegals focus their practice on matters within Small Claims Court and are familiar with its procedures, timelines, and evidentiary requirements. Their authority is defined by the jurisdiction of the Small Claims Court and applicable law.

How Representation Works in Practice

Although Small Claims Court is intended to be more straightforward than higher courts, it remains a formal court process. Parties are required to comply with filing deadlines, procedural rules, and evidentiary standards set out in the Rules of the Small Claims Court [3].

The same procedural rules apply to all parties, whether they are self-represented or represented by a lawyer or licensed paralegal. The court applies consistent standards regardless of the form of representation, and decisions are based on the evidence and submissions properly before the court.

Conclusion

Ontario’s Small Claims Court is designed to resolve lower-value civil disputes without requiring legal representation. Parties are permitted to represent themselves, and the Government of Ontario provides public legal information to help individuals understand the Small Claims Court process and procedural requirements [4].

Parties may also choose to be represented by a lawyer or a licensed paralegal. Legal representation may be helpful in matters that involve legal complexity, multiple parties, or procedural issues.

Small Claims Court allows for different ways to participate, reflecting the types of disputes it is meant to address. Legal fees and billing structures may vary depending on the type of legal professional retained and the circumstances of the case. Regardless of how a party chooses to proceed, the same procedural and evidentiary standards apply to all parties before the court.