A year after Ontario raised its Small Claims Court limit to $50,000, many claims sit in a different court than they would have before. This guide explains how to pick the right one for yours.
A contractor is owed $47,000 on a renovation that ended in an argument. Two years ago that claim belonged in the Superior Court of Justice, with the pleadings, discoveries and legal bills that come with it. Since October 1, 2025, it can be filed in Small Claims Court, and the choice of court now shapes the whole dispute.
What changed when Ontario raised the small claims limit
On October 1, 2025, an amendment to Ontario Regulation 626/00 raised the maximum claim in Small Claims Court from $35,000 to $50,000. The figure excludes interest and costs, so a judgment can end up above $50,000 once those are added. The same amendment lifted the minimum amount for an appeal to the Divisional Court from $3,500 to $5,000. The Landlord and Tenant Board’s monetary cap is tied to the Small Claims limit by statute, so it rose to $50,000 on the same day.
The practical effect lands on the band between $35,000 and $50,000. Unpaid invoices, contract disputes, deposits that were never returned and smaller property damage claims in that range used to need a Superior Court action. Most of them can now go to a court built for parties who may not have a lawyer at all, and a plaintiff in an existing case who had capped a claim at $35,000 to stay in Small Claims Court could amend it upward to the new limit.
Matching a claim’s value to the right Ontario court
Ontario’s civil courts now split claims into three practical bands. Which band a claim falls into decides the rules, the pace and how much of the legal cost a winner can expect to recover.
| Claim value | Where it goes | What to expect |
|---|---|---|
| $50,000 or less | Small Claims Court | Streamlined rules, a mandatory settlement conference, and modest recovery of legal costs |
| Over $50,000 up to $200,000 | Superior Court, simplified procedure (Rule 76) | No jury, trials limited to five days, costs capped at $50,000 and disbursements at $25,000 |
| Over $200,000 | Superior Court, ordinary procedure | Full discovery rights, longer timelines and uncapped cost exposure |
The simplified procedure covers the middle band and has its own logic. Its $200,000 ceiling has been in place since January 1, 2020, along with the removal of civil juries in those actions. Mandatory mediation under Rule 24.1 applies to simplified procedure cases started in Toronto, Ottawa and Windsor.
What capping a claim at $50,000 really costs
A claim worth more than $50,000 can still be filed in Small Claims Court, but only by giving up everything above the limit. That waiver is permanent. A creditor owed $58,000 who sues for $50,000 cannot come back later for the remaining $8,000, so the decision deserves arithmetic rather than instinct.
The case for capping is about what the Superior Court route costs to run. Superior Court brings discovery, motions and a longer wait for trial, and on a claim just over the line, chasing the extra few thousand dollars can cost more than it recovers.
Two factors cut the other way. Successful parties in Small Claims Court rarely recover a meaningful share of their legal costs, because cost awards there are deliberately modest. A defendant with real assets and a stubborn lawyer can also make a Small Claims file run longer than its size suggests.
The most useful first question about a cap is whether the defendant can actually pay, and it is often where claimants first look for outside advice. Contract and debt disputes in this range are among the matters handled by Gill & Alter’s civil litigation practice in Mississauga. One of that firm’s partners also sits as a Deputy Judge of the Ontario Small Claims Court, which gives the firm a view of the forum from the bench as well as from counsel’s table.
A judgment for the full $58,000 is worth less than a collected $50,000 if the debtor has nothing to enforce against, which is why collection prospects belong in the decision from the first day.
The bottom line on choosing a court
The October 2025 change moved a large slice of Ontario’s civil disputes into a faster and cheaper forum, but it did not make the forum choice automatic. The amount owed, the defendant’s ability to pay and the value of recovering legal costs all point in different directions, and they should be weighed before anything is filed.
FAQs
Can I sue for more than $50,000 in Small Claims Court in Ontario?
Only by giving up the amount above $50,000. A plaintiff owed more can cap the claim at $50,000 to use Small Claims Court, but the excess is waived permanently and cannot be pursued later.
Do I need a lawyer for Small Claims Court in Ontario?
No. Small Claims Court is designed so that individuals and businesses can represent themselves, and many do. Licensed paralegals can also appear there.
How long do I have to start a Small Claims case in Ontario?
Most claims must be started within two years of the day the claimant first knew, or ought to have known, about the problem. That is Ontario’s basic limitation period under the Limitations Act, 2002.
