Is the Small Claims Court limit in Ontario $35,000 or $50,000?

$50,000. Ontario Regulation 626/00, made under the Courts of Justice Act, sets the maximum claim at $50,000; the figure was raised from $35,000 by O. Reg. 42/25, which came into force on October 1, 2025. $35,000 was the limit from January 1, 2020 to September 30, 2025, so older articles, judgments and automated answers may still quote it.

Can a creditor owed $60,000 sue me in Small Claims Court?

Only if the amount claimed, not counting interest and costs, is $50,000 or less (Courts of Justice Act, s. 23(1)(a)). If $60,000 is the principal, the creditor must either reduce the claim to $50,000, without splitting the debt into two actions (Small Claims Court rule 6.02), or sue in the Superior Court of Justice, where a money claim of $200,000 or less ordinarily uses the simplified procedure in Rule 76. A creditor that takes judgment on a reduced claim may be unable to sue again for the rest; whether it can is a question for a lawyer on the facts.

What is the deadline to respond to a Small Claims Court claim?

Within 20 days of being served with the Plaintiff’s Claim (Form 7A), the Defence (Form 9A) must be served on every other party and filed with the clerk (rule 9.01). The count excludes the day of service, and a deadline that lands on a weekend or holiday moves to the next business day (rules 3.01 and 1.02). If you miss it, the clerk may note you in default and, for a debt or other liquidated amount, sign default judgment without a hearing (rules 11.01 and 11.02).

Can a paralegal represent me in Small Claims Court?

Yes. Section 26 of the Courts of Justice Act allows a party to be represented in Small Claims Court by a person authorized under the Law Society Act, and the Small Claims Court rules treat licensed paralegals as representatives alongside lawyers. In the Superior Court of Justice, a party acts in person or through a lawyer (Rules of Civil Procedure, rule 15.01(3)).

Can I appeal a Small Claims Court judgment?

An appeal lies to the Divisional Court from a final order of the Small Claims Court in an action for the payment of money in excess of $5,000, excluding costs (Courts of Justice Act, s. 31(a); O. Reg. 626/00, s. 2, raised from $3,500 on October 1, 2025). Below that figure there is no appeal, although narrower remedies may still be open: a motion to set aside a default judgment (rule 11.06), a motion within 30 days to set aside a judgment given in your absence (rule 17.01(4) and (5)), or a motion for a new trial within 30 days on narrow grounds (rule 17.04). Defending on time is the safer course.

Does a Small Claims Court judgment affect my house?

Yes, in the same way a Superior Court judgment can. If the judgment is not paid, the creditor can ask the clerk to issue a writ of seizure and sale of land (Form 20D, rule 20.07) and file it with the sheriff, where it binds your land in that sheriff’s area, and can garnish wages (within the limit in section 7 of the Wages Act) or bank accounts under rule 20.08. A principal residence is exempt from forced seizure or sale only while the debtor’s equity in it does not exceed $12,997 (Execution Act, s. 2(2) and (3); O. Reg. 657/05, s. 1(2)). The court the claim started in changes the procedure and the costs, not what a judgment can reach.

Guide

Ontario Small Claims Court Limit: $50,000 Since October 1, 2025

Prepared for review by Angelos Spingos, Principal Lawyer, Spingos Law · Licensed by the Law Society of Ontario · This page has not yet been reviewed by a lawyer. Every figure on it was read from the e-Laws consolidations (checked October 6 and 7, 2026; current to October 1 and 2, 2026). The $50,000 figure and the 20-day defence deadline also appear in our limitation-period guide, which the lawyer reviewed on October 6, 2026.

For a claim for the payment of money, the maximum claim in Ontario’s Small Claims Court is $50,000, exclusive of interest and costs. It was $35,000 until September 30, 2025, and some older sources still say $35,000. For a homeowner being sued over a credit card, loan or line of credit, the number decides which court hears the case, which forms and deadlines apply, how much the loser can be ordered to pay in costs, and what appeal rights you have. It does not change what a judgment can reach once it is entered.

Where the $50,000 figure comes from

Section 23(1)(a) of the Courts of Justice Act gives the Small Claims Court jurisdiction in “any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs”. The prescribed amount lives in a regulation, O. Reg. 626/00 (Small Claims Court Jurisdiction and Appeal Limit), section 1(1): “The maximum amount of a claim in the Small Claims Court is $50,000.” That sentence was changed by O. Reg. 42/25, made on April 24, 2025 and in force on October 1, 2025, which struck out “$35,000” wherever it appeared and substituted “$50,000”. The same regulation raised the appeal threshold from $3,500 to $5,000.

The earlier steps, for anyone checking an older judgment or article: $10,000 until the end of 2009 (the earliest version of O. Reg. 626/00 on e-Laws begins April 2, 2001), $25,000 from January 1, 2010, $35,000 from January 1, 2020, and $50,000 from October 1, 2025.

What counts toward the limit, and what does not

The amount claimed counts. For a debt, that is the balance the creditor says you owe.
Interest and costs do not. A claim for $48,000 plus interest and the filing fee is inside the limit even if the interest takes the total above $50,000, because section 23(1)(a) measures the amount claimed “exclusive of interest and costs”. How interest already added to an account balance is treated is a question for a lawyer on your statements.
One cause of action cannot be split. Rule 6.02 of the Rules of the Small Claims Court says a cause of action “shall not be divided into two or more actions for the purpose of bringing it within the court’s jurisdiction”. A creditor cannot turn a single $70,000 account balance into two $35,000 claims.
Claiming less is allowed. A creditor owed more than $50,000 may choose to claim $50,000 in Small Claims Court. A creditor that takes judgment on a reduced claim may be unable to sue again for the rest; whether it can is a question for a lawyer on the facts.
$50,000 itself is inside. The test is “does not exceed”, so a claim of exactly $50,000 belongs in Small Claims Court.

Which court your debt claim goes to

Where the amount claimed, exclusive of interest and costs, is $50,000 or less, the claim is started in Small Claims Court with a Plaintiff’s Claim (Form 7A). Since July 1, 2024, a claim within that limit cannot be started in the Superior Court of Justice without that court’s leave (Courts of Justice Act, section 23(1.1)), which it may grant only if it is in the interest of justice (Rules of Civil Procedure, rule 14.01.1(3)). A bank or collection agency suing for $30,000 therefore starts in Small Claims Court unless it first obtains leave. Above $50,000, the claim is a Statement of Claim (Form 14A) in the Superior Court. Where the claim is only for money and the total is $200,000 or less, exclusive of interest and costs, the simplified procedure in Rule 76 applies (rule 76.02(1)); otherwise the ordinary procedure applies unless the plaintiff opts into Rule 76 (rule 76.02(3)).

An action already in the Superior Court can be transferred to Small Claims Court by the local registrar, on a requisition filed before the trial begins with the consent of all parties, if the only claim is for the payment of money (or possession of personal property) and the claim is within the Small Claims Court’s jurisdiction (section 23(2)). A defendant cannot make that transfer by requisition without the other parties’ consent.

Why the court matters when you own your home

Once judgment is entered, the enforcement tools that reach your home and your accounts are the same in either court. What changes is the road to that judgment, the cost of travelling it, and the appeal rights at the end.

Deadlines: Small Claims Court: a Defence (Form 9A) served and filed within 20 days of being served (rule 9.01). Superior Court: a Statement of Defence (Form 18A) within 20 days of service in Ontario (rule 18.01), or a Notice of Intent to Defend (Form 18B) within those 20 days, which adds 10 more days for the defence (rule 18.02). Miss either deadline and the plaintiff can have you noted in default and then ask the clerk (Small Claims Court, rules 11.01 and 11.02) or the registrar (Superior Court, Rules of Civil Procedure, rules 19.01 and 19.04) to sign default judgment for a debt or liquidated demand in money, without a hearing.
Costs if you lose: In Small Claims Court, costs other than disbursements cannot exceed 15 per cent of the amount claimed unless the court considers it necessary in the interests of justice to penalize a party or its representative for unreasonable behaviour (Courts of Justice Act, section 29). In the Superior Court there is no 15 per cent cap: costs are in the court’s discretion (section 131). In a simplified-procedure action (Rule 76, claims of $200,000 or less) a party cannot recover more than $50,000 in costs or $25,000 in disbursements, plus HST, except as provided in rule 76.13 or an Act (rule 76.12.1). Above $200,000 there is no fixed ceiling.
Who can represent you: In Small Claims Court, you can act for yourself or be represented by a person authorized under the Law Society Act, such as a lawyer or a licensed paralegal (section 26; Small Claims Court rules 1.02 and 1.08). In the Superior Court, you act for yourself or through a lawyer (Rules of Civil Procedure, rule 15.01(3)).
Appeals: A final order of the Small Claims Court in an action for the payment of money in excess of $5,000, excluding costs, can be appealed to the Divisional Court (Courts of Justice Act, section 31(a); O. Reg. 626/00, section 2(1)). Below that there is no appeal, but a default judgment can be challenged by motion (rule 11.06), a judgment given in your absence can be set aside or varied if you move within 30 days (rule 17.01(4) and (5)), and a new trial can be sought within 30 days on narrow grounds (rule 17.04).
Enforcement: Against your home and your accounts the tools are the same in either court. An unpaid Small Claims Court judgment supports a writ of seizure and sale of land (Form 20D, rule 20.07) filed with the sheriff, and garnishment under rule 20.08 (wages are protected to the extent set by section 7 of the Wages Act). A Small Claims writ against personal property works differently from a Superior Court writ (Execution Act, section 10(1) and (2)). See how a writ binds your home.

Claims started before October 1, 2025

O. Reg. 42/25 contains no transitional rule: it changed the figure in the regulation on October 1, 2025 and said nothing about claims already filed. A claim issued before that date was subject to the limit in force on the day it was filed: $35,000 for claims issued from January 1, 2020 to September 30, 2025 (and the lower figures above for earlier periods), in each case before interest and costs. Whether a creditor can now amend an older claim upward is a procedural question for the court in that case; do not assume the answer either way, and do not assume that a claim filed at $35,000 means the creditor has forgiven the rest. Ask a lawyer to read the claim and the ledger behind it.

The limit changes the venue, not your defences

None of this affects defences such as the limitation period. The basic two-year limitation period under section 4 of the Limitations Act, 2002 applies in both courts and must be raised in your defence (see is your debt too old to sue?); it can be restarted by, for example, a signed acknowledgment or a part payment (section 13), so check the history before relying on it. If you defend, the creditor still has to prove the agreement, the balance and the rate, and a debt buyer still has to prove that it owns the account. A common way to lose in either court is to be served and do nothing.

Frequently asked questions

Is the Small Claims Court limit in Ontario $35,000 or $50,000?: $50,000. Ontario Regulation 626/00, made under the Courts of Justice Act, sets the maximum claim at $50,000; the figure was raised from $35,000 by O. Reg. 42/25, which came into force on October 1, 2025. $35,000 was the limit from January 1, 2020 to September 30, 2025, so older articles, judgments and automated answers may still quote it.
Do interest and court costs count toward the $50,000?: No. Section 23(1)(a) of the Courts of Justice Act gives the court jurisdiction in an action for the payment of money where the amount claimed does not exceed the prescribed amount "exclusive of interest and costs". A creditor can claim $49,000 plus interest and its filing fees and still be inside the limit.
Can a creditor owed $60,000 sue me in Small Claims Court?: Only if the amount claimed, not counting interest and costs, is $50,000 or less (Courts of Justice Act, s. 23(1)(a)). If $60,000 is the principal, the creditor must either reduce the claim to $50,000, without splitting the debt into two actions (Small Claims Court rule 6.02), or sue in the Superior Court of Justice, where a money claim of $200,000 or less ordinarily uses the simplified procedure in Rule 76. A creditor that takes judgment on a reduced claim may be unable to sue again for the rest; whether it can is a question for a lawyer on the facts.
What is the deadline to respond to a Small Claims Court claim?: Within 20 days of being served with the Plaintiff’s Claim (Form 7A), the Defence (Form 9A) must be served on every other party and filed with the clerk (rule 9.01). The count excludes the day of service, and a deadline that lands on a weekend or holiday moves to the next business day (rules 3.01 and 1.02). If you miss it, the clerk may note you in default and, for a debt or other liquidated amount, sign default judgment without a hearing (rules 11.01 and 11.02).
Can a paralegal represent me in Small Claims Court?: Yes. Section 26 of the Courts of Justice Act allows a party to be represented in Small Claims Court by a person authorized under the Law Society Act, and the Small Claims Court rules treat licensed paralegals as representatives alongside lawyers. In the Superior Court of Justice, a party acts in person or through a lawyer (Rules of Civil Procedure, rule 15.01(3)).
Can I appeal a Small Claims Court judgment?: An appeal lies to the Divisional Court from a final order of the Small Claims Court in an action for the payment of money in excess of $5,000, excluding costs (Courts of Justice Act, s. 31(a); O. Reg. 626/00, s. 2, raised from $3,500 on October 1, 2025). Below that figure there is no appeal, although narrower remedies may still be open: a motion to set aside a default judgment (rule 11.06), a motion within 30 days to set aside a judgment given in your absence (rule 17.01(4) and (5)), or a motion for a new trial within 30 days on narrow grounds (rule 17.04). Defending on time is the safer course.
Does a Small Claims Court judgment affect my house?: Yes, in the same way a Superior Court judgment can. If the judgment is not paid, the creditor can ask the clerk to issue a writ of seizure and sale of land (Form 20D, rule 20.07) and file it with the sheriff, where it binds your land in that sheriff’s area, and can garnish wages (within the limit in section 7 of the Wages Act) or bank accounts under rule 20.08. A principal residence is exempt from forced seizure or sale only while the debtor’s equity in it does not exceed $12,997 (Execution Act, s. 2(2) and (3); O. Reg. 657/05, s. 1(2)). The court the claim started in changes the procedure and the costs, not what a judgment can reach.

Official sources

The law on this page comes from these government and court sources. Read them directly; they are the authority, this page is the explanation.

O. Reg. 626/00: Small Claims Court Jurisdiction and Appeal Limitunder the Courts of Justice Act (s. 1: maximum claim $50,000; s. 2: appeal threshold $5,000)Government of Ontario, e-Laws
O. Reg. 42/25 (amending O. Reg. 626/00)made April 24, 2025, in force October 1, 2025 (raised the limit from $35,000 to $50,000 and the appeal threshold from $3,500 to $5,000)Government of Ontario, e-Laws
Courts of Justice ActR.S.O. 1990, c. C.43 (s. 23 Small Claims Court jurisdiction, s. 26 representation, s. 29 costs cap, s. 31 appeals; prejudgment and postjudgment interest, ss. 127 to 130)Government of Ontario, e-Laws
Rules of the Small Claims CourtO. Reg. 258/98 (claims of $50,000 or less)Government of Ontario, e-Laws
Rules of the Small Claims Court forms(Form 9A defence, Form 20D writ of seizure and sale of land)Ontario Court Services
Rules of Civil ProcedureR.R.O. 1990, Reg. 194 (Rule 18 defence deadline, Rule 19 default judgment, Rule 60 enforcement)Government of Ontario, e-Laws
Rules of Civil Procedure forms(Form 18A statement of defence, Form 18B notice of intent to defend, Form 60A writ of seizure and sale)Ontario Court Services
Execution ActR.S.O. 1990, c. E.24 (writs of seizure and sale; s. 2 exemptions, including the principal residence)Government of Ontario, e-Laws
O. Reg. 657/05: Exemptionsunder the Execution Act (dollar amounts of the exemptions; reset by regulation, most recently O. Reg. 393/25)Government of Ontario, e-Laws
Wages ActR.S.O. 1990, c. W.1 (s. 7, the 20 percent garnishment limit for ordinary debts)Government of Ontario, e-Laws
Guide to procedures in Small Claims Court(Ministry of the Attorney General)Government of Ontario
Small Claims Court: replying to a claim(Ministry of the Attorney General guide)Government of Ontario
Limitations Act, 2002S.O. 2002, c. 24, Sched. B (basic two-year limitation period, s. 4; discoverability, s. 5)Government of Ontario, e-Laws

General information for Ontario, not legal advice. Statutes and regulations change; the linked consolidations are the current law as published by the government.