Filing your claim
Small claims court can hear for cases involving
damages up to $25,000 so problems with your board such as a failure to
repair defective exterior windows and water leaking into your
apartment, as examples, may make good small claims cases.
Preparing the case
It is quite easy to prepare a small claims case. All the directions,
forms, pamphlets and fee schedules are on the Internet. Everything is
explained in clear simple English.
You should also look at the “Guide to Making a Claim” as it answers
most questions that you may have about preparing your lawsuit, the who,
what, where and how much it will cost; questions that everyone has.
The Small Claims Court page guides you to the
procedures, brochures and
forms that you need to make your claim.
Download the four-page “Plaintiff's
Claim Form” from this page. The
Microsoft Word version works great and you should be able to complete
it in about a half hour or so.
Find all your supporting information and attached it to the back of the
form by paper clip or put it in a folder. Print a second copy of the
complete package as you need two copies when you file your case..
Filing your claim
This too is a very simple process which takes about five minutes; if
The small claims courthouse is in a grey square building at 47 Sheppard
Avenue East. It is open from 8:30 am to 5:00 pm.
It is best to get there by using the TTC. The courthouse is
located one block east of Yonge Street on the south side. There are two
identical buildings, number 45 is the front one facing Sheppard Avenue
while you need to go number 47; the building in the back.
When you enter the building, take the elevator up to the third floor.
Take a number and wait for it to be called. I suggest that you get
there just after 8:00 so there will be no one ahead of you. It can be
very busy most days.
However, it is a lot quieter when the weather is
The clerk will ask if you brought two copies of your claim. She will
take a quick look at the form to see if it looks like you filled in all
the required areas. She will then stamp both forms and sign them. You
then pay the $75.00 filing fee. They accept Visa or Mastercard.
If your claim is not stapled, she will staple both copies; one she puts
on file and the other she gives back to you. The one she gives you is
the defendant's copy.
While at the office, ask for a copy of the pamphlets "Guide to Serving
Documents" and "Guide to Getting Ready for Court". These pamphlets are
also available on the Internet.
information on this chapter is to be used only as guide and is not
intended to be taken or understood to be legal advice. For legal
advice, consult a lawyer that is experienced in condominium law.