If someone owes you money, breached a contract, or damaged your property, your first real decision isn’t how to win — it’s where to sue. Ontario’s civil court system splits disputes between two very different forums: the Small Claims Court and the Superior Court of Justice. Pick the wrong one, and you can lose months to a jurisdictional transfer, pay filing fees twice, or find yourself locked out of remedies you actually needed. Pick the right one, and your case moves through a process built for its size and complexity.

This guide breaks down exactly how the two courts differ, and how to tell which one your dispute belongs in.

Small Claims Court is a branch of the Superior Court of Justice designed to resolve lower-value civil disputes quickly, affordably, and with less formality. As of 2020, its monetary jurisdiction in Ontario is $35,000, excluding costs and pre-judgment interest. If your claim fits within that limit, Small Claims Court is generally the faster, cheaper, and more accessible option.

The process is deliberately streamlined: claims are started with a simple Plaintiff’s Claim form, hearings are conducted by deputy judges (many of whom are practicing lawyers sitting part-time), and there is no formal examination for discovery process. Many parties represent themselves, and paralegals — who are generally less expensive than lawyers — are permitted to appear on a party’s behalf. Settlement conferences are mandatory before trial, which resolves a significant share of cases before they ever reach a judge.

The Superior Court of Justice is Ontario’s court of general jurisdiction for civil matters. There is no dollar cap on what it can hear, and it is the only place to bring claims involving injunctions, complex commercial disputes, professional negligence, defamation, class actions, and most estate litigation. It operates under the Rules of Civil Procedure, a far more detailed and formal set of rules than those governing Small Claims Court.

Litigating in the Superior Court typically involves pleadings, full documentary and oral discovery, motions, and pre-trial conferences, all of which add time and cost but also provide tools — like compelling testimony under oath before trial — that simply don’t exist in Small Claims Court. Because of this complexity, most parties retain a lawyer rather than proceeding on their own.

Many people assume the choice is strictly binary, but Ontario has a middle path. Claims between $35,000 and $200,000 in the Superior Court generally proceed under the Simplified Procedure (Rule 76 of the Rules of Civil Procedure), which streamlines discovery, limits trial length, and caps certain costs. It’s still the Superior Court, with a superior court judge and the ability to seek broader remedies, but with less of the expense of a full-scale action. If your claim exceeds $35,000 only slightly, this is often worth discussing with a lawyer before deciding how to proceed.

Yes, within limits. If your claim is worth more than $35,000, you can still choose to sue in Small Claims Court by formally abandoning the excess amount above the monetary limit. This can make sense when speed and lower cost matter more than recovering every dollar, or when the strength of your evidence is better suited to a simpler process. A lawyer can help you weigh whether giving up the excess is worth the trade-off.

The dollar value of your claim is the starting point, but it isn’t the only consideration. The remedy you need matters: Small Claims Court can only award monetary damages and limited relief, while injunctions, specific performance, and other equitable remedies require the Superior Court regardless of dollar value. The complexity of the legal and factual issues matters too — disputes involving multiple parties, expert evidence, or intricate contractual interpretation often benefit from the fuller discovery process available in the Superior Court, even when the amount at stake is modest. Your appetite for cost and delay is another factor: Small Claims Court is built for speed and economy, while Superior Court litigation can take years and cost far more than the claim itself in some cases. Finally, consider enforceability and strategy — sometimes the venue that gets you a judgment fastest is more valuable than the venue that might yield a larger award years later.

Choosing the wrong court isn’t just an inconvenience. A claim started in the wrong forum can be transferred, struck, or delayed while jurisdictional issues get sorted out, costing you time and legal fees before your dispute is even heard on its merits. An experienced litigator can assess your claim’s value, the remedies you actually need, and the evidence available, then chart the fastest, most cost-effective route to a resolution.

At Lex Magnus Law, our civil litigation team regularly appears in both Small Claims Court and the Superior Court of Justice across the Greater Toronto Area, and we can tell you early on exactly where your dispute belongs and what to expect at every stage.

What is the monetary limit for Small Claims Court in Ontario?

$35,000, excluding costs and pre-judgment interest. Claims above this amount generally must proceed in the Superior Court of Justice, unless you formally abandon the excess.

Do I need a lawyer for Small Claims Court?

No, representation isn’t mandatory. Many parties represent themselves or hire a paralegal, though a lawyer can still be valuable for more complex or high-value small claims disputes.

Can Small Claims Court order someone to do something, not just pay money?

Its powers are limited. Injunctions and other equitable remedies generally require the Superior Court of Justice, regardless of the dollar amount involved.

What is Simplified Procedure?

It’s a streamlined process within the Superior Court for claims between $35,000 and $200,000, reducing the scope of discovery and trial length compared to a standard action.

What happens if I start my claim in the wrong court?

The claim can be transferred or struck, which typically causes delays and added costs. Getting legal advice before filing helps avoid this.