How does a lawsuit get started?
A lawsuit is started by filing a claim with the court stating who is suing, who is being sued, how much is being claimed and why. This is usually referred to as a Statement of Claim, although a lawsuit may also be started by filing a Notice of Application or a Petition for Divorce.

How much does it cost to file a claim with the court?
The fee to file a claim with the court ranges from $50 to $157.

What happens after the claim is filed with the court?
A copy of the claim must be delivered to the person being sued (referred to as the Defendant) in person or by another method provided by the rules of court procedure. The Defendant then must file a response to the claim (referred to as a Statement of Defence) with the court within a specified time.

What if the Defendant does not file a response with the court in time?
If no response to the claim is filed, the person suing (referred to as the Plaintiff) can obtain an order (referred to as a judgment) from the court requiring the Defendant to pay the amount owed.

What happens if the Defendant files a Statement of Defence with the court?
Once a Statement of Defence is filed, preparations are made to proceed to trial. In Small Claims Court, the Plaintiff can simply file a Notice of Trial, pay the fee for the Notice of Trial and a trial date will be given. If the case is not in Small Claims Court, there are other procedures to be followed prior to obtaining a trial date, such as exchange of documents and examinations for discovery.