Ontario's Small Claims limit is now $50,000: can you move or increase your claim?

Since October 1, 2025, Ontario's Small Claims Court can hear claims of up to $50,000, up from $35,000, and the minimum amount for an appeal rose from $3,500 to $5,000 (O. Reg. 626/00). A Superior Court action within that range can be transferred to Small Claims Court with everyone's consent (Courts of Justice Act s. 23(2)). A pending Small Claims claim can be amended, but the change came with no transition rule, so get advice before increasing it.

The change created real choices for people with disputes between $35,000 and $50,000: unpaid business loans, contractor disputes, unpaid invoices and damage claims. This page explains what changed, what did not, and how each option works. For the court itself, see our Small Claims Court guide.

What exactly changed on October 1, 2025?

O. Reg. 42/25 made the change by striking out "$35,000" and "$3,500" and substituting the new figures; it came into force on the later of October 1, 2025 and the day it was filed. The Ministry of the Attorney General's civil law page confirms the increase took effect on October 1, 2025.

The limit is measured "exclusive of interest and costs" for claims for money (Courts of Justice Act s. 23(1)(a)). A claim of $48,000 plus interest is within the limit even if, with interest, the total would pass $50,000. For recovering personal property, the limit applies to the property's value (s. 23(1)(b)).

What are your options, step by step?

Option 1: start a new claim in Small Claims Court

If your claim is $50,000 or less, Small Claims Court is the default forum. The Ministry's guide notes that a claim must generally be started within two years under the Limitations Act, 2002, that you file a Plaintiff's Claim (Form 7A) in the proper courthouse, and that you must serve it within six months of issue. In Toronto, claims are filed through the Ontario Courts Public Portal and handled at 47 Sheppard Avenue East.

Option 2: waive the excess

If you are owed more than $50,000, the Ministry says you can still file in Small Claims Court if you are willing to waive the amount over $50,000. That trade-off is permanent for the amount given up, so it should be weighed against the time and expense of the Superior Court.

Option 3: transfer a Superior Court action

An action in the Superior Court can be transferred to Small Claims Court by the local registrar, on requisition with the consent of all parties filed before trial begins, if the only claim is for money or personal property and it is within Small Claims jurisdiction (Courts of Justice Act s. 23(2)). The case then continues as if it had started in Small Claims Court (s. 23(3)).

Option 4: amend a Small Claims claim

A Small Claims claim can be amended by filing an amended claim marked "Amended", with additions underlined, and serving it on all parties, including any in default, at least 30 days before the originally scheduled trial date unless the court allows less time or a clerk's consent order is obtained (r. 12.01(1) to (3)). O. Reg. 42/25 does not say whether a claim started before October 1, 2025 can be increased above $35,000 by amendment, so the safest course is to get advice before trying.

Can you still sue in the Superior Court for less than $50,000?

Only with permission. Since July 1, 2024, an action within the Small Claims Court's jurisdiction cannot be started in the Superior Court without that court's leave (Courts of Justice Act s. 23(1.1)). Under the Rules of Civil Procedure, the leave motion can be made without notice, and the court may grant leave only if it is in the interest of justice (r. 14.01.1(2), (3)). The rule does not apply to a counterclaim, crossclaim or third party claim in an action already in the Superior Court (s. 23(1.2)). The Ministry also warns that there are cost penalties in the Superior Court for starting a case there that could have gone to Small Claims Court.

Above $50,000 and up to $200,000, Superior Court actions for money or property usually proceed under Simplified Procedure.

Small Claims or Superior Court: how do you weigh it near $50,000?

For a claim between $35,000 and $50,000, the question is no longer whether Small Claims Court is available but whether it is the better fit. A few official points frame the choice:

• Speed and format. Small Claims Court must hear and decide cases "in a summary way" (Courts of Justice Act s. 25), and every defended action has a settlement conference within 90 days after the first defence (r. 13.01). Settlement conferences and most motions are held remotely by default, with trials in person.
• Fees and risk. The Ministry's Simplified Procedure page says Small Claims fees are lower and the process typically shorter, and warns of cost penalties for starting in the Superior Court a case that could have gone to Small Claims Court.
• Tools you give up. Superior Court procedure includes affidavits of documents and oral discovery, which in Simplified Procedure is capped at three hours per party (Civil Procedure r. 76.04(2)). In Toronto, most Superior Court civil actions also go to mandatory mediation under Rule 24.1.
• Remedies. Small Claims Court orders money or the return of personal property; anything else needs the Superior Court.

Which of these matters more depends on the case. Disputes that turn on many documents, need expert evidence, or depend on records only the other side holds deserve a closer look before choosing the simpler court.

What changes the answer?

• What you are asking for. Small Claims Court hears claims for money and for the recovery of personal property (s. 23(1)). Orders such as injunctions or declarations belong in the Superior Court, as our civil litigation guide explains.
• Several plaintiffs or defendants. How the limit applies to multiple parties and multiple claims can be technical; get advice before splitting or combining claims.
• Appeal rights. A final Small Claims order can go to the Divisional Court only if the money awarded or the property's value is more than $5,000 (Courts of Justice Act s. 31; O. Reg. 626/00, s. 2).
• Who decides it. Deputy judges may now preside over claims up to $50,000 (O. Reg. 626/00, s. 1(2)).
• Collecting. A larger judgment is only as good as your ability to enforce it. The Ministry reminds plaintiffs to consider whether they can collect if they win; our debt recovery page explains enforcement.
• The type of dispute. Employment and contract claims are common examples. Our pages on contract disputes and employment disputes describe the claims behind many of these cases.

For example: a $46,000 business loan

This is a hypothetical, not a real client or a result. Two friends in Richmond Hill, both originally from Tehran, go into business. One lends the other $46,000, recorded in a signed note and in messages written in Farsi. The business fails and the borrower stops paying in 2026.

Before October 1, 2025, the lender would have had to choose between the Superior Court and giving up $11,000 to fit under $35,000. Now the claim fits within Small Claims Court. He files a Plaintiff's Claim, with certified English translations of the Farsi messages, since documents filed in Ontario courts must be in English or French or come with a translation certified by the translator's affidavit (Courts of Justice Act s. 125(2)(b)). The borrower has 20 days to file a Defence (r. 9.01). If the case is defended, a settlement conference follows within 90 days of the first defence (r. 13.01). If the lender had started in the Superior Court instead, he would have needed leave under section 23(1.1).

What mistakes do people make?

1. Using old figures. Many forms, websites and older guides still say $35,000. Check the current regulation.
2. Counting interest toward the limit. The limit is exclusive of interest and costs (s. 23(1)(a)).
3. Starting in the Superior Court without leave for an amount within the Small Claims limit (s. 23(1.1)).
4. Waiving the excess without thinking it through. The amount given up is gone.
5. Assuming a pending claim can simply be increased. The amending regulation has no transition rule; get advice first.
6. Missing the limitation period. The Ministry notes that most claims cannot be filed more than two years after the incident.

What can you do this week?

1. Total your claim without interest and costs, and note whether it is above or below $50,000.
2. Check the date the problem arose or was discovered, for the two-year limitation period.
3. If you already have a case, find which court it is in and its stage (pleadings, settlement conference, trial date).
4. If you are in the Superior Court and under $50,000, ask the other side whether they would consent to a transfer under section 23(2).
5. Gather the contract, invoices, messages and payment records, with certified translations of anything not in English or French.
6. Find the defendant's full legal name and address; the Ministry suggests the ServiceOntario business name search for businesses.
7. Get advice before amending a pending claim or waiving any amount.

Frequently asked questions

Is the limit $50,000 including interest?

No. For money claims it is exclusive of interest and costs (Courts of Justice Act s. 23(1)(a)).

Can I appeal a Small Claims decision for $4,000?

Not to the Divisional Court. An appeal lies from a final order only where the amount, excluding costs, is more than $5,000 (s. 31; O. Reg. 626/00, s. 2).

Do I need a lawyer for a claim near $50,000?

The Ministry says you do not need a lawyer or paralegal to sue, though you may want to consult one. As the amount and the complexity rise, careful drafting and evidence matter more.

What if the defendant counterclaims for more than $50,000?

A defendant's claim in Small Claims Court also has to fit within the court's jurisdiction (Courts of Justice Act s. 23(1)). A larger counterclaim raises the question of where each claim should proceed, so get advice before responding.

Did anything else change on October 1, 2025?

The appeal threshold rose to $5,000 at the same time. Separately, Toronto Small Claims filings moved to the Ontario Courts Public Portal on October 14, 2025, according to the Superior Court.

I was sued in Small Claims Court for more than $35,000. Is that valid?

Since October 1, 2025, the maximum claim in Small Claims Court is $50,000 (O. Reg. 626/00, s. 1(1)). If you have been served, the first priority is the 20-day deadline; see how many days you have to respond.

Getting help

Choosing the right court at the start saves time and cost later. Gambriani Law PC handles civil disputes in English and Farsi from Suite 1901, 5000 Yonge Street in North York, near the Toronto Small Claims Court. If a judgment was already signed against you, see whether a default judgment can be set aside.

This page is general information about Ontario law, not legal advice about your situation.