Form 7A – Plaintiff’s Claim

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 7A – Plaintiff’s Claim?

Form 7A starts a civil case in the Ontario Small Claims Court. You use it to ask the court for money or the return of personal property. The court can award up to $35,000, not including interest and costs. You can choose to abandon any amount above that limit to keep the case in Small Claims Court.

Individuals, businesses, and organizations use this form. You might be a contractor chasing an unpaid invoice. You might be a customer seeking a refund for defective work. You might run a small business with a supplier dispute. You might be a commercial landlord or tenant with a balance owing after a lease ends. You could also be an individual with a simple negligence claim, like damage to your car from poor repairs.

You need this form when you want a court order for payment or return of property. It puts your claim on the court record. It tells the defendant what you want and why. It triggers deadlines for a defence and moves your case toward a settlement conference or trial.

Typical uses include unpaid loans, unpaid invoices, wrongful withdrawals, security deposits in commercial settings, damage to property, and return of personal property like tools, equipment, or vehicles. You can also claim interest from the date the money became due. You can claim your filing and service costs.

Small Claims Court deals with straightforward money and property disputes. It does not grant injunctions or declarations. It does not deal with divorces, estates grants, or land ownership. Most residential landlord and tenant disputes go to the Landlord and Tenant Board. If your dispute falls there, do not use this form. If your claim is for more than the Small Claims limit, you can file in the Superior Court of Justice instead, or reduce the amount to fit this court.

You should also consider the limitation period. Most civil claims have a two‑year deadline from when you knew or should have known about the problem. If you miss that deadline, the court may dismiss your claim. You protect your rights by filing on time.

When Would You Use a Form 7A – Plaintiff’s Claim?

Use it when someone owes you money and will not pay. A customer received your services but ignores your invoices. A friend promised to repay a loan by a date and did not. A supplier delivered goods late and caused you measurable losses you can prove. A mechanic performed negligent repairs, and you paid again to fix the damage. Your moving company lost items, and you want their value back. A buyer kept your equipment after a contract ended, and you want it returned or its value.

Commercial landlords often use it after a tenant leaves owing rent or causing damage. Commercial tenants can use it when a landlord withholds a refundable deposit without cause. Many residential landlord and tenant disputes do not belong in Small Claims Court. If the Residential Tenancies Act covers your issue, you likely need a different forum. If the tenancy has ended and the other forum cannot hear it, Small Claims Court may be available. Check your specific situation before filing.

Professionals and tradespeople use it for unpaid retainers and progress draws. Homeowners use it for defective work with clear, repairable losses. Consumers use it for a clear breach of a sales or service contract. Retailers can use it to recover the value of unreturned rented equipment. You may also claim against more than one defendant. For example, you can sue a company and the personal guarantor in the same claim.

You can sue for property return as well. If someone holds your tools and refuses to return them, you can ask for immediate return. You must state the property’s value in case return is not possible. The court can order return or, if not returned, payment of the stated value.

You can bring modest injury or property damage claims if your losses are within the limit and the facts are clear. For example, your neighbor’s contractor cracked your window while working and refused to cover replacement. Keep your claim simple and focused on money or property. If your case needs an injunction, a declaration, or complex expert evidence, another court may be better.

Always think about evidence. Use this form when you have documents, messages, photos, or witnesses to support your story. The form asks you to explain what happened, when, where, and how you calculated your loss. If you lack proof, the claim may fail even if your story is honest.

Legal Characteristics of the Form 7A – Plaintiff’s Claim

The form becomes part of a court case when the clerk issues it. Issuance means the court assigns a file number and seals the claim. Once issued, you must serve it on each defendant. Service starts the defence deadline. The court can make binding orders after proper service and the chance to respond.

Your signature certifies that your statements are true to the best of your knowledge. You must not mislead the court. False statements can lead to penalties and may hurt your case. Keep your facts accurate, dated, and specific. Avoid arguments in this form. Save legal analysis for later steps.

Enforceability comes from a court judgment, not the claim itself. The claim is your request. If the defendant does not defend, you may ask for default judgment. If the defendant defends, the court will schedule a settlement conference. Many cases settle there. If not, the case moves toward trial. After judgment, you can enforce using court processes if needed. Common enforcement steps include garnishment, seizure and sale of personal property, or a writ filed against land. You must follow the court’s enforcement rules for each method.

Your claim must fit the Small Claims Court’s jurisdiction. It must be for money or personal property up to $35,000, exclusive of interest and costs. You can ask for pre‑judgment interest from the date the money became due. You can seek post‑judgment interest. You can claim your filing fees, service costs, and a modest amount for legal fees if you had a representative. The court decides what is fair and allowed.

Service is crucial. You must serve the claim properly and on time. Improper service can delay your case or lead to dismissal. After service, you must file an affidavit that proves how and when you served each defendant. That proof allows the court to move your case forward.

Venue matters. Choose a court location with a real link to the dispute. The proper place is often where the defendant lives or carries on business. It can also be where the events happened. Choosing a proper location avoids disputes and delays.

Finally, watch the limitation period. Most claims must be filed within two years. Some claims have different timelines. If you are close to a deadline, file first to protect your rights. You can refine details after filing through amendments, with permission if needed.

How to Fill Out a Form 7A – Plaintiff’s Claim

Follow these steps to complete the form accurately and avoid delays.

1) Pick the proper court location

• Choose a Small Claims Court office connected to the dispute.
• Use where the defendant lives or carries on business.
• Or use where the events happened.
• Enter the court address and location name on the form.

2) Leave the court file number blank until issuance

• The clerk assigns the file number when you file.
• Do not invent a number or reuse an old one.

3) Identify the plaintiff

• Enter your full legal name.
• For a corporation, use the full legal name, not a trade name.
• If you operate under a trade name, write “Legal Name operating as Trade Name.”
• Provide your address for service. Include a unit number if any.
• Add your phone number and email. Email can speed up service and notices.

4) Identify the defendant(s)

• Use the defendant’s full legal name.
• For a corporation, confirm the exact legal name. Avoid only using a brand name.
• For a partnership, name the partnership and, if possible, the partners.
• For an individual, include full given name and surname.
• Use a reliable service address. A workplace address can work for a business defendant.
• If you have more than two defendants, attach an additional parties page.

5) Add representative information, if any

• If a lawyer or licensed agent represents you, list their contact details.
• If you are self‑represented, leave the representative section blank.

6) State what you want clearly

• Select “Payment of money,” “Return of personal property,” or both.
• For money, state the exact principal amount in dollars.
• For property, describe the item and its fair value.
• If you want return or, if not returned, payment of its value, say so.
• Ask for pre‑judgment interest. State the date from which interest runs.
• Ask for post‑judgment interest. If there is a contract rate, state it.
• Ask for costs. Include filing and service fees and other disbursements.

7) Set out the reasons for your claim

• Use short, numbered paragraphs.
• Present facts in order. Say who did what and when.
• Include dates, locations, amounts, and promises made.
• Explain how the defendant breached a contract or duty.
• Link each loss to the breach. Show how you calculated amounts.
• Keep it factual. Avoid opinions and insults.

Example:

1. On March 1, you hired me to install flooring for $7,500.
2. I completed the work on March 10. You approved the work.
3. You paid $2,500 deposit and $2,500 progress payment.
4. The $2,500 balance is due on March 15. You did not pay.
5. I sent invoices on March 15 and March 31. No payment received.
6. I claim $2,500 plus interest from March 15 and costs.

8) Attach schedules if you need more space

• Label extra pages as “Schedule A – Details of Claim.”
• Continue your numbered paragraphs on the schedule.
• Keep one idea per paragraph. Use dates and amounts.
• If you include documents, label them “Schedule B – Documents.”
• Use clear labels like “Invoice 001,” “Photo 1,” “Email dated April 3.”
• Do not staple originals. File readable copies.

9) Include key contracts and proof of loss

• Attach the written contract or estimate.
• Attach invoices, statements, and payment records.
• Attach photos that show damage or defects.
• Attach repair quotes or receipts that prove your loss.
• Attach demand letters or emails that show you tried to resolve it.

10) Confirm jurisdiction and venue details

• If asked, indicate why this court location is proper.
• Confirm the claim fits the monetary limit.
• If the claim is a consumer sale, check the relevant box if present.

11) Complete the party capacity section, if needed

• If you sue or defend on behalf of a minor or an estate, state your role.
• For a business name, confirm the actual legal entity behind it.

12) Choose your address for service carefully

• Use an address where you reliably get mail.
• If you agree to email service, tick the box and ensure you check that inbox.

13) Review your math and totals

• Add the principal claim amount.
• Add any property value claimed in the alternative.
• Confirm interest dates and any contractual rate.
• Do not include interest and costs in the $35,000 limit.

14) Sign and date the claim

• Print your name below your signature.
• If you sign for a company, state your title.
• Your signature certifies the truth of your statements.

15) File the claim with the court

• File online or at the court office.
• Pay the filing fee. Keep the receipt.
• The clerk will issue the claim. You will get a sealed copy and file number.

16) Serve the issued claim

• Serve each defendant with the sealed claim and any schedules.
• Use a permitted method of service for that type of defendant.
• Personal service is safest for individuals.
• For businesses, serve an authorized person or the registered office.
• You must serve within the allowed time. Aim to serve promptly.

17) Prove service

• Complete an affidavit of service for each defendant.
• Attach proof such as a delivery receipt or process server affidavit.
• File the affidavit with the court.

18) Track the defence deadline

• The defendant has 20 days after service to file a defence.
• If no defence is filed, consider default judgment steps.
• If a defence is filed, wait for the settlement conference notice.

Practical drafting tips:

• Name the correct defendant. If you sue the wrong entity, you may lose.
• Use plain, factual language. Judges read many claims. Clarity helps.
• Keep the story focused. Ask only for what Small Claims Court can grant.
• Do not attach settlement letters that say “without prejudice.”
• Avoid claiming punitive damages unless you can justify them clearly.
• If your loss depends on expert opinion, consider if Small Claims Court fits.
• If you abandoned part of your claim to fit the limit, say so in your reasons.

About “clauses” in your claim:

• Relief clause: State the exact orders you want. Example: “I claim $8,450 for unpaid invoices, pre‑judgment interest from May 1, post‑judgment interest, and costs.”
• Interest clause: State the basis. Example: “Interest at the contract rate of 12% per year from May 1.” Or “Interest at the court rate from May 1.”
• Property clause: Describe the item and value. Example: “Return of a Stihl TS420 saw, serial 12345, or $1,200 if not returned.”
• Costs clause: Ask for your fees and disbursements. Example: “Filing fee, process server fee, and reasonable costs.”

Common mistakes to avoid:

• Guessing at legal names. Verify company names before filing.
• Bundling unrelated disputes. File separate claims if the facts differ.
• Overstating losses. The court expects proof for each dollar.
• Missing interest dates. State when the debt became due.
• Filing in the wrong court location. Link the case to where the events or defendant are.

If you need to add more defendants or adjust amounts later, you may amend your claim. The rules set out how and when you can do that. Early accuracy saves time and cost.

Last, keep a clean file. Save your filed claim, the issued and sealed copy, all schedules, and proof of service. Track dates for service and defence. Good records help you move your case forward without delay.

Legal Terms You Might Encounter

Plaintiff means you, the person or business starting the case. On this form, you set out who you are, your address for service, and what you want the court to order.

Defendant is the person or business you are suing. In the form, you must use the correct legal name and address. If you sue the wrong party, you may not collect even if you win.

Cause of action is the legal reason you are suing. It could be unpaid debt, breach of contract, or property damage. In your claim, you describe the facts that create this right to sue.

Jurisdiction and venue refer to the court’s power to hear the case and the right location. This court has a monetary limit. Venue is usually where the defendant lives or where the events happened. In the form, you confirm the court office is the right one.

Limitation period is the deadline to start your claim. It is often counted from when you first knew of the loss. If you file after the deadline, your case can be dismissed. The form does not extend the deadline, so file on time.

Damages are the money you say you are owed. They can include unpaid invoices, repair costs, or lost property value. In your form, you list each amount and show how you calculated the total.

Interest is extra money added for being kept out of your funds. You can claim pre-judgment interest and post-judgment interest. In the form, you note you want interest and state the start date or calculation method.

Costs are your out-of-pocket case expenses. They can include filing fees and some service costs. In your claim, you can ask the court to award costs if you win.

Service is how you deliver the claim to the defendant. Proper service gives the court authority over the defendant. The Affidavit of Service is a sworn statement proving how and when you served the documents. You must file it after serving.

Default judgment is an order you can ask for if the defendant does not respond in time. You must prove service and your damages. The form sets the stage for this step if no defence is filed.

FAQs

Do you qualify to use this form?

Yes, if your claim falls within the court’s money limit and type of dispute. Common examples are unpaid loans, invoices, deposits, or minor property damage. If your claim is higher than the limit, you can abandon the excess or consider a different court.

Do you need to attach evidence to the claim?

Attach the key documents you rely on, if you have them. Examples include contracts, invoices, receipts, and emails. You can file more documents later. Keep attachments relevant and readable. Do not attach originals.

Do you need the exact legal name of the defendant?

Yes. Use the person’s full legal name. For a business, check if it is a corporation or a registered name. If you sue the wrong entity, you may not enforce a judgment. If you are unsure, do extra checks before filing.

Do you include interest and costs in your total?

Yes, but keep them clear. List your principal amounts first. Then state you also claim interest and costs. Do not add future interest to the total now. The court will address interest and costs when it decides the case.

Do you have to serve the defendant within a deadline?

Yes. After the court issues your claim, you must serve each defendant within a set time. If you miss it, your case can be dismissed. Serve using an approved method and keep proof. Then file the Affidavit of Service without delay.

Do you need to file where the defendant lives?

You usually file where the defendant lives or where the events happened. If several places fit, pick the most connected location. If you choose a poor location, the case can be moved or delayed.

Do you need to attend a settlement conference?

If the defendant files a defence, the court will schedule one. You must attend. It is a meeting to clarify issues and explore settlement. Bring your documents and be ready to discuss numbers. Many disputes settle at this step.

Can you change your claim after filing?

Yes, in many cases. You file an amended claim and serve it. If the case has moved forward, you may need consent or permission. Fix errors early. Do not wait until the eve of a hearing. Amendments can reset deadlines.

Checklist: Before, During, and After

Before signing

• Confirm the limitation period has not expired.
• Confirm the claim fits the court’s money limit.
• Identify the correct legal names for all parties.
• Collect addresses for service for each defendant.
• Gather key evidence: contracts, invoices, receipts, emails, photos.
• Prepare a clear timeline of events and payments.
• Calculate each amount claimed and the total.
• Decide from what date you claim interest.
• Set aside funds for filing and service fees.
• Plan how you will serve each defendant.

During signing

• Verify your contact details and address for service.
• Check every defendant’s full legal name and address.
• Review the facts section for clarity and order.
• Confirm the court location makes sense for your case.
• Recheck each amount and the math for the total.
• State you claim interest and costs, if applicable.
• Ensure attachments are complete and legible.
• Sign and date the form.
• Keep a copy of the exact version you file.

After signing

• File the claim at the Small Claims Court office or online.
• Pay the filing fee and get a court file number.
• Ask for enough stamped copies for service and your records.
• Serve each defendant using an approved method.
• Complete and file an Affidavit of Service for each defendant.
• Calendar all response deadlines once service is done.
• Track returned mail or failed service and try again if needed.
• Store your stamped claim, service proofs, and receipts.
• Prepare for a settlement conference if a defence is filed.
• If no defence is filed, consider default judgment.

Common Mistakes to Avoid

Don’t forget the correct legal name.

Consequence: You may win on paper but cannot enforce the judgment. Double-check corporate and business registrations. Use full legal names.

Don’t file over the money limit.

Consequence: Delay, transfer, or loss of part of your claim. If needed, abandon the excess in the form, or choose a different court.

Don’t leave facts vague or incomplete.

Consequence: The defence can attack the claim as unclear. Set out who did what, when, and how much is owed. Attach support where you can.

Don’t ignore service rules or deadlines.

Consequence: Dismissal or wasted fees. Serve within the required time. Use permitted methods. File your Affidavit of Service promptly.

Don’t miscalculate your total.

Consequence: The court may question your numbers. List each amount and show your math. Keep interest separate from principal.

What to Do After Filling Out the Form

File and issue the claim.

Submit the signed form and pay the fee. The clerk will stamp it, assign a file number, and return copies. Check the stamp and number on each copy. Keep one stamped copy for your records.

Serve the defendant.

Serve each defendant with a stamped copy. Use a permitted method that suits that defendant. For a person, hand delivery is common. For a business, serve at the proper place for that business type. Note dates and details of service.

File your proof of service.

Complete an Affidavit of Service for each defendant. State exactly how and when you served. Attach any delivery receipts if available. File the affidavits with the court right away.

Track the response window.

Once served, the defendant has a set time to file a defence. Note the deadline based on where you served. Record it on your calendar. Watch the court file for any defence or motions.

If a defence is filed, prepare for a settlement conference.

The court will set a date. Use the time to organize your documents. Make a clear summary of your claim and numbers. Consider what you can accept to settle. Bring proof of your amounts.

If no defence is filed, consider default judgment.

Ask the court for judgment based on no response. Provide your proof of service and your damages. If your claim is not a fixed sum, be ready to prove the amount. Follow the court’s steps to complete this request.

Amend if you find an error.

Fix errors as soon as you notice them. File an amended claim and serve it. If the case has advanced, get consent or permission if required. Keep a clean record of what changed and when.

Manage multiple defendants.

Serve each defendant and file separate affidavits. Track each response deadline. Default may apply to one and not another. Tailor next steps based on who responds.

Keep your file organized.

Store your stamped claim, affidavits, receipts, correspondence, and notes. Keep a running list of key dates. Good records help at the settlement conference and at trial.

Consider settlement at every step.

You can settle before or after a defence is filed. Put settlement terms in writing and sign. If you settle, notify the court. You can discontinue the claim once the settlement is complete.

Enforce if you get judgment.

If you win and the defendant does not pay, you can enforce the judgment. Choose an enforcement method that fits the situation. Keep monitoring interest and costs as allowed.

Review court limits before changing your claim.

You cannot expand your claim beyond the court’s limit. If your losses grow, you may need to abandon the extra amount. Decide early to avoid delay.

Prepare for events after the conference.

If you do not settle, the case moves toward trial or a motion. Expect document exchange and deadlines. Keep your evidence accessible and sorted. Update your calculations for current interest.