If you’ve suffered a personal injury and are considering legal action, there’s good news that could make the process faster, more affordable, and more accessible than ever.
Starting October 1, 2025, the monetary limit for Ontario’s Small Claims Court is increasing from $35,000 to $50,000. This is a significant change that could impact how and where your case is heard—especially if you’ve experienced an injury that doesn’t require navigating the full Superior Court system.
Why This Matters
The increase means more personal injury cases can now be handled in Small Claims Court, a system known for being quicker, less expensive, and easier to navigate than Ontario’s Superior Court. For many individuals injured in slip-and-falls, motor vehicle accidents, or similar incidents, this change opens up a more efficient legal path to recover damages.
Previously, if your injury claim exceeded $35,000, you would have had to proceed in the Superior Court. That meant higher filing fees, more complex legal procedures, and the potential for costly delays. Now, with the higher $50,000 limit, more claims fall comfortably within the jurisdiction of the Small Claims Court—making justice more accessible and affordable.
The Advantages of Small Claims Court
Small Claims Court is designed to be user-friendly. The rules of procedure are streamlined, and cases typically move through the system more quickly than in higher courts. This can mean faster resolutions and fewer legal costs. You don’t need a lawyer to represent you, though many people still choose to work with a paralegal or legal professional to help present their case effectively.
For personal injury victims, this shift allows you to pursue compensation for medical bills, lost income, pain and suffering, and other damages—all without the heavy burden of full litigation.
How This Affects Current and Future Claims
If you’re thinking about filing a claim and your damages are below $50,000, you can now do so in Small Claims Court—even if your injury occurred before the new rule came into effect. In fact, if you already have a case filed under the old $35,000 limit, you may be able to amend your claim after October 1 to seek the higher amount, as long as you do so within the appropriate timeframe.
In addition, if your current case is in Superior Court and falls under the new $50,000 threshold, it may be worth considering a transfer to Small Claims Court to reduce your costs and expedite the process. This isn’t automatic and would require consent from the other party, but it can be a smart move in the right circumstances.
What You Should Do Now
If you’re dealing with the aftermath of an accident or injury and believe your damages are under $50,000, this change could benefit you directly. It’s a good idea to speak with a legal professional to evaluate your claim and determine the best court for your case. Filing in the right jurisdiction isn’t just about procedure—it can affect how quickly your case is resolved and how much it ultimately costs to pursue your claim.
Final Thoughts
The increase to Ontario’s Small Claims Court limit is a positive step for individuals seeking justice after a personal injury. It lowers the financial and procedural barriers to compensation and gives claimants a more efficient route to resolve their disputes. Whether you’ve already started your case or are just beginning to explore your legal options, this new limit may offer a better way forward.
If you have questions about how this change could impact your personal injury claim, don’t hesitate to reach out. Our team is here to help you understand your options and fight for the compensation you deserve.
ABOUT THE AUTHOR
Casey Dorey is an associate lawyer at Bergeron Clifford LLP. He works primarily in Kingston but travels across Eastern Ontario.
Casey obtained his LL.B from the University of Leicester, United Kingdom, with First Class Honours. While in law school, Casey was a Moot Court champion and represented the school externally in London, England. He was also awarded the Canadian Spring Scholarship.
He has appeared before the Ontario Superior Court of Justice, Small Claims Court, Criminal Injuries Compensation Board, and the Social Security Tribunal.
