Chart Your Path Forward

The first step in the litigation process in Ontario is determining whether to bring an action or an application. This largely depends on the factual circumstances of your case. Once that determination has been made, the second step involves deciding where to initiate your claim. The monetary amount of your claim will ultimately dictate where you will want to initiate your civil proceeding in Ontario.

All claims in excess of $200,000 in Ontario are dealt with by the Ontario Superior Court of Justice under the ordinary Rules of Civil Procedure. These proceedings allow a claimant to avail themselves of extended procedures, both evidentiary and legal, however, these types of proceedings are lengthier and more costly.  

All claims for $200,000 or less in Ontario are dealt with by the Ontario Superior Court of Justice under the Simplified Procedure (Rule 76). These proceedings offer a claimant a more streamlined litigation process. As such, a claimant cannot avail themselves of all the evidentiary and legal procedures that would otherwise be available to them under the ordinary Rules of Civil Procedure.

All claims for $35,000 or less in Ontario are dealt with by the Small Claims Court under the Rules of the Small Claims Court. These proceedings offer a claimant a relatively inexpensive and increasingly simple, streamlined litigation process.