The monetary limit
Section 23 of the Courts of Justice Act gives the Small Claims Court jurisdiction over money claims up to a prescribed amount, currently $50,000 under the current Ontario framework (see the official Ontario procedure guide and the Act, linked above). That figure is the maximum a Small Claims Court judge can order as a money judgment on principal - it is not a target and not a filing fee threshold.
What counts toward the limit
The limit measures the amount claimed as debt or damages, exclusive of interest and costs. Prejudgment interest calculated under section 128 of the Act, postjudgment interest under section 129, court fees, and party-and-party costs are separate and do not consume the cap. A claim can therefore result in a judgment for a principal at or near the limit plus interest and costs on top.
Splitting a claim is not permitted
A plaintiff cannot divide a single cause of action into two claims to stay under the limit or to sue in two courts. If the total claim exceeds the limit, the plaintiff must either abandon the excess or issue in a higher court.
Abandoning the excess
A plaintiff who wants the speed and lower cost of the Small Claims Court but whose claim exceeds the limit may issue in Small Claims Court and formally abandon the amount over the cap. Abandonment is permanent for that claim - the abandoned amount cannot be recovered later in another proceeding on the same facts.
Multiple defendants
How the monetary limit applies where several defendants are named depends on the cause of action and how liability is pleaded. Sizing a claim against multiple defendants is fact-specific; consider getting advice from a lawyer or licensed paralegal.
When to consider the Superior Court instead
Consider the Superior Court where the principal materially exceeds the Small Claims limit, where non-monetary relief is required (for example, specific performance or an injunction), or where the complexity of the evidence and procedure justifies the higher-cost forum. A lawyer or licensed paralegal can help weigh the trade-off.
Worked example
Facts. A contractor is owed $34,500 principal plus $2,100 in accrued prejudgment interest at the date of issuance, and expects roughly $800 in court fees over the life of the claim.
Analysis. Interest and costs sit outside the section 23 monetary limit, so the principal of $34,500 alone is measured against the $50,000 cap. It fits inside the Small Claims Court. The Statement of Claim can seek the full $34,500 plus interest and costs.
Contrast. If the principal were $36,000, the plaintiff would either (i) issue in the Small Claims Court and expressly abandon the excess above the monetary limit, giving up the abandoned amount permanently, or (ii) issue in the Superior Court of Justice, where higher fees and Superior Court procedure apply.
Related calculators
Official sources
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