Small Claims Court Canada: Top Mistakes to Avoid in 2025

Taking someone to Small Claims Court, or defending yourself against a claim, can feel overwhelming. While the process is more accessible than higher courts, many people still make mistakes that harm their chances of success. The good news? Most of these mistakes are avoidable with preparation and guidance. In this article, we’ll explore the most common errors people make in Small Claims Court and how you can avoid them.

Mistake 1: Not Having Enough Evidence

One of the biggest pitfalls is showing up without proper evidence. Small Claims Court decisions are based on facts, not assumptions or emotions. If you’re claiming someone owes you money, you need receipts, contracts, emails, or invoices that prove it. If you’re claiming damages, photographs and repair estimates can strengthen your case.

Example: If you paid a contractor for home repairs that were never completed, bring proof of payment, the written contract, and any messages where the contractor acknowledged the job. Without this evidence, your case may not hold up.

Mistake 2: Missing Deadlines and Paperwork

Small Claims Court has strict timelines. From filing a claim to serving documents, each step has a deadline. Missing even one could delay your case or result in dismissal. Similarly, incomplete or inaccurate paperwork can cause unnecessary setbacks.

Tip: Always double-check forms, keep track of deadlines, and ensure the defendant is properly served with documents.

Mistake 3: Suing the Wrong Party

It may sound obvious, but suing the wrong person or entity is a common mistake. If a business owes you money, check whether it’s registered as a sole proprietorship or corporation. Suing an individual when the corporation is responsible—or vice versa—can cause your case to fail.

Tip: Do a business name search or consult a lawyer before filing to make sure you name the correct defendant.

Mistake 4: Being Unprepared for the Settlement Conference

Most Small Claims Court cases include a settlement conference, where both parties meet with a judge to discuss the possibility of resolution. Many people come unprepared, thinking this step isn’t important. In reality, a strong settlement presentation can save you time and money by avoiding trial.

Tip: Treat the settlement conference seriously. Bring organized evidence, know your bottom line, and remain open to compromise.

Mistake 5: Failing to Prepare for Trial

If your case does go to trial, showing up disorganized or unprepared can hurt your credibility. Judges appreciate clarity and professionalism, even from self-represented individuals. If you ramble, forget documents, or appear unprepared, it weakens your case—even if the facts are in your favour.

Tip: Practice presenting your case in a clear timeline. Organize documents in a binder, label exhibits, and prepare a brief summary of your main arguments.

Mistake 6: Ignoring Professional Help

While Small Claims Court allows self-representation, many people underestimate the value of legal guidance. Lawyers can help you identify the right party to sue, prepare strong evidence, meet deadlines, and negotiate settlements. A small investment in legal help can make the difference between winning and losing your case.

Final Thoughts

Mistakes in Small Claims Court can cost you time, money, and peace of mind. By preparing thoroughly, respecting deadlines, and presenting strong evidence, you significantly improve your chances of success.

At Ramachandran Law, we help clients avoid these pitfalls by guiding them through the process step by step. Whether you’re filing a claim or defending yourself, our team ensures you’re prepared, organized, and confident.