On October 1, 2025, the Ontario Small Claims Court limit will increase to $ 50,000.00.
Many are heralding this as an increase in access to justice. As a firm that practices in this area, we have a bird’ s-eye view of the operations of the Small Claims Court, and we disagree.
The Small Claims Court is still dealing with the backlog from COVID-19. It is taking 3 years to get to trial instead of the 18 months it did before COVID-19. Even when the trial date finally arrives, the Small Claims Court usually schedules more than one trial per day, so the actual trial is split over at least two days, often six months apart.
Once you get a Judgment and try to enforce it with an examination in aid of execution, you’re dealing with another four-month delay. When the debtor (inevitably) doesn’t show up for the examination, the next date is another four months, and the contempt hearing is another four months. Yes, that adds up to one year to try to enforce a Judgment it has already taken you 3 years to get.
For comparison, in Superior Court, we can get a Judgment in the Jurisdiction where we always start our actions (shhh, it’s top secret) within 18 months if it is defended, 60 days if undefended. To get to the same point as the Small Claims example above, will take another 90 days.
Delaying Justice isn’t increasing Justice.
Inga B. Andriessen, Senior Lawyer