Ontario Small Claims, Eviction & Civil Help

Civil Law in Ontario — what to do right now

In Ontario, almost every civil problem has a deadline, and the most important one is the basic limitation period under section 4 of the Limitations Act, 2002: you generally have two years from the day you discovered your claim to start a lawsuit, after which the court can throw it out no matter how strong it is. If you were served with a Small Claims Court claim, you usually have 20 days to file a Defence or risk default judgment. If you got an eviction notice (an N4, N5, N12 or N13) from your landlord, the notice alone does not evict you — your landlord must apply to the Landlord and Tenant Board and win an order, and only the Sheriff can enforce it. Do not ignore court papers, do not move out just because you got a notice, and do not assume your deadline has passed without checking. Our free hotline is live to help you work out exactly which clock and which court apply to you — call any time and ask as many questions as you like.

The law in Ontario: Civil Law

Civil law in Ontario splits across two trial courts and one busy tribunal. Money disputes worth $50,000 or less — unpaid invoices, unreturned deposits, consumer rip-offs, minor property damage, small debt claims — go to the Small Claims Court, which is a branch of the Superior Court of Justice. That $50,000 limit is recent: Ontario Regulation 42/25 raised it from $35,000 to $50,000 for claims issued on or after October 1, 2025, the first increase since 2020. Larger and more complex civil cases — bigger contract and debt fights, most serious personal-injury and medical claims, and class actions — proceed in the Superior Court of Justice itself, under the Rules of Civil Procedure. Residential rent disputes and most evictions do not go to court at all; they go to the Landlord and Tenant Board (LTB), a provincial tribunal that applies the Residential Tenancies Act, 2006.

The deadline that catches the most people is the Limitations Act, 2002. Section 4 sets a basic limitation period of two years, and section 5 ties the clock to 'discovery' — the day you first knew (or a reasonable person ought to have known) that you suffered a loss, that someone's act or omission caused it, that it was that person, and that a lawsuit was an appropriate way to fix it. On top of that, section 15 imposes a 15-year ultimate limitation period running from the act or omission itself, even if you never discovered the harm. A few claims have no limitation period at all: under section 16, as amended in 2016, there is no deadline to sue over sexual assault, and (in many situations) over assault or misconduct in an intimate or dependency relationship. Some statutes set their own shorter clocks — most sharply, section 44(10) of the Municipal Act, 2001 requires written notice within 10 days before you sue a municipality over an injury caused by a poorly maintained road or sidewalk.

Housing has its own rulebook. Under the Residential Tenancies Act, 2006, a landlord who wants to end a tenancy must serve the correct notice on the correct form: an N4 for unpaid rent (giving 14 days for monthly tenancies, or 7 days for daily or weekly tenancies), an N5 for damage or interference (20 days, and often voidable if the tenant corrects the problem), an N12 where the landlord, a purchaser or a close family member needs the unit (at least 60 days), or an N13 for demolition, conversion or major repairs (at least 120 days). Crucially, the notice does not evict anyone. If the tenant stays, the landlord must apply to the LTB, both sides get a hearing, and only an LTB eviction order — enforced by the Court Enforcement Office (the Sheriff) — can lawfully remove a tenant. A landlord who locks a tenant out without an order is breaking the law.

For debts and contracts, the same two-year clock usually applies: a creditor or collection agency generally has two years from the last acknowledgement or payment to sue you, and a claim filed after that can be dismissed as statute-barred — though making a payment or admitting the debt in writing can restart it. For motor-vehicle and other injury claims, Ontario's no-fault accident-benefits system (through your own insurer) runs alongside a tort lawsuit against the at-fault party, and serious-injury awards for pain and suffering are reduced by an annually-indexed statutory deductible. What ties all of this together is timing: Ontario civil law rewards people who identify the right forum and act inside the limitation period, and quietly closes the door on those who wait. Reading a section number is not the same as knowing how it applies to your facts — our free hotline is live to point you at the right clock and the right court before a deadline runs.

Key Statutes & Rules

Limitations Act, 2002, s. 4 — basic limitation period of 2 years to start most civil claims
Limitations Act, 2002, s. 5 — the clock runs from 'discovery', not from when the loss happened
Limitations Act, 2002, s. 15 — 15-year ultimate limitation period from the act or omission
Limitations Act, 2002, s. 16 — no limitation period for sexual assault (and many assault/dependency claims)
Residential Tenancies Act, 2006 — governs rent, deposits and all residential evictions through the LTB
Municipal Act, 2001, s. 44(10) — only 10 days' written notice before suing a municipality over a road/sidewalk injury

Courts & Tribunals

Small Claims Court (a branch of the Superior Court of Justice) — civil money claims up to $50,000
Superior Court of Justice — larger contract, debt, personal-injury and complex civil claims (Rules of Civil Procedure)
Landlord and Tenant Board (LTB) — evictions, rent and deposit disputes under the Residential Tenancies Act, 2006
Court Enforcement Office (the Sheriff) — the only body that can lawfully enforce an eviction order
Ontario Court of Appeal — appeals from the Superior Court of Justice

Deadlines & Outcomes

2 years from discovery to sue on most civil, debt, contract and injury claims (Limitations Act, s. 4)
20 days to file a Defence after being served with a Small Claims Court claim, or risk default judgment
Eviction notice periods: N4 = 14 days (monthly) / 7 days (daily-weekly); N5 = 20 days; N12 = 60 days; N13 = 120 days
An N4 for unpaid rent is voided if the tenant pays all the arrears before the landlord applies to the LTB
10 days' written notice to a municipality before suing over a road or sidewalk injury (Municipal Act, s. 44(10))

The Two-Year Limitation Clock Is the Most Dangerous Deadline in Ontario Civil Law

More Ontario civil claims die on the limitation period than on the merits. Section 4 of the Limitations Act, 2002 gives you two years to sue, and section 5 starts that clock on the day you 'discovered' the claim — which is often the day the harm happened, but can be later if the damage or its cause was genuinely hidden. People assume they have plenty of time, wait for an insurer or a debtor to 'come around', and then learn the two years quietly expired. Miss it and the court can dismiss even an airtight case as statute-barred. Worse, a handful of claims carry far shorter clocks — just 10 days' written notice before suing a municipality over a sidewalk fall. Before you assume your deadline is comfortable, our free Ontario hotline is live to help you pin down exactly when your clock started and when it runs out — call and ask as many questions as you like.

Likely outcomes & penalties

Real Ontario civil outcomes depend heavily on the facts, the forum, and whether you act inside the limitation period. These are realistic ranges under Ontario and Canadian law, not promises — and we are not a law firm.

Eviction (Landlord and Tenant Board)

A landlord's notice (N4, N5, N12 or N13) does not evict you on its own. The landlord must apply to the LTB and win an order at a hearing where you can raise defences — an invalid or 'bad faith' N12, a paid-up N4, or maintenance problems. If the landlord wins, the Board can order eviction plus any rent owed; only the Sheriff can enforce it. Tenant Duty Counsel can help you for free on the hearing day.

Small Claims Court money claim

For disputes up to $50,000, you can sue (or defend) yourself in a fast, informal forum. A successful claimant can recover the amount owed plus interest and limited costs; if you're sued and do nothing within 20 days, the other side can get a default judgment and then garnish wages or a bank account. Most Small Claims cases go through a settlement conference before trial.

Debt or collection-agency claim

A creditor or collection agency generally has only two years from your last payment or written acknowledgement to sue you in Ontario; a claim filed after that can be dismissed as statute-barred. But making a payment or admitting the debt in writing can restart the clock — so what you say to a collector matters. Collection agencies are also regulated and cannot harass you.

Personal-injury / accident claim

You generally have two years from the accident to sue the at-fault party, while statutory accident benefits flow from your own insurer regardless of fault. Serious-injury awards for pain and suffering are reduced by an annually-indexed statutory deductible, and a road/sidewalk-maintenance claim against a municipality needs written notice within just 10 days. Deadlines here are unforgiving.

Mistakes to avoid

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Assuming you have lots of time to sue — in Ontario the basic limitation period is just two years from when you discovered the claim (Limitations Act, 2002, s. 4), and the court can dismiss even a strong case filed one day late as statute-barred.

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Treating an eviction notice as the eviction itself and moving out — an N4, N5, N12 or N13 is only a notice; your landlord must still apply to the Landlord and Tenant Board, win an order, and have the Sheriff enforce it before you can be lawfully removed.

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Ignoring a Small Claims Court claim served on you — if you don't file a Defence within 20 days, the other side can get a default judgment and move straight to garnishing your wages or bank account without ever hearing your side.

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Making a small 'good faith' payment on an old debt to a collection agency — in Ontario a payment or written acknowledgement can restart the two-year limitation clock, reviving a debt that was about to become unenforceable.

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Suing a municipality over a fall on a poorly maintained road or sidewalk without giving written notice within 10 days (Municipal Act, 2001, s. 44(10)) — skip that step and your injury claim can be barred no matter how badly you were hurt.

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Paying an above-guideline rent increase or letting a landlord keep your last-month's-rent deposit without checking the rules — the Residential Tenancies Act, 2006 limits increases and deposits, and the LTB (not a court) is where you enforce those rights, often with free Tenant Duty Counsel.

How it works

Call our free Ontario line. Reach our free legal-information line any hour, from anywhere in Ontario. No income test, no web form, no waiting room — the AI assistant answers live when you call.

Talk to an AI assistant trained on Ontario + Canadian law. Explain your eviction notice, Small Claims claim, debt, deposit, contract or injury question in plain words, and ask as many questions as you like. The assistant gives you clear legal information — your deadlines, your forum, your next move under Ontario law — not legal advice. We are not a law firm, and the call creates no lawyer-client relationship.

A paid lawyer-consultation service is coming soon. Right now the line gives you free general legal information. We're building a network of Ontario-licensed lawyers so that, soon, you'll be able to arrange a paid consultation if your situation needs one. That option isn't available yet — for now, ask the assistant as many questions as you like.

Free & low-cost Civil Law help in Ontario

If you can't afford a lawyer, Ontario has a strong network of free and low-cost legal help — Legal Aid Ontario, community legal clinics, plain-language guides, and reduced-fee referral services. These are independent resources, not part of our service; our free hotline is live to help you figure out which one fits and what to ask them.

Legal Aid Ontario

Ontario's main legal-aid agency for low-income people — funds community legal clinics, issues legal-aid certificates, and runs duty counsel at courts and tribunals. Toll-free 1-800-668-8258, Monday to Friday, with service in over 300 languages.

Steps to Justice (CLEO)

Free, plain-language guides from Community Legal Education Ontario covering housing and the LTB, debt and consumer rights, employment, small claims and more — with step-by-step pathways and the actual forms you need.

Community Legal Education Ontario (CLEO)

The non-profit behind Steps to Justice; produces trusted public legal-information resources for Ontario on housing, debt, family, employment and benefits.

Law Society Referral Service (LSRS)

Run by the Law Society of Ontario; an online service that connects you with a lawyer or paralegal for a free consultation of up to 30 minutes. Request a referral at findlegalhelp.ca; you can ask for someone who speaks your language or accepts legal-aid certificates.

JusticeNet

A non-profit for people whose income is too high for legal aid but too low for standard fees; refers you to lawyers, paralegals and mediators who work on a reduced sliding-scale fee based on your net family income and dependants.

Tenant Duty Counsel Program (ACTO)

Free same-day advice for tenants at Landlord and Tenant Board hearings — lawyers and legal workers (funded by Legal Aid Ontario) who can review your notice, help with forms, and try to negotiate with the landlord. Sign up at tdc.acto.ca.

Advocacy Centre for Tenants Ontario (ACTO)

A specialty legal clinic focused on the housing rights of low-income tenants across Ontario — eviction defence, repairs, rent and tenant-protection issues, plus public-legal-information resources.

Tribunals Ontario — Landlord and Tenant Board

The official LTB site: notice forms (N4, N5, N12, N13), tenant and landlord applications, hearing information, and guidance on how the Residential Tenancies Act, 2006 process works.

FAQ — Civil Law in Ontario

How long do I have to sue someone in Ontario?

For most civil claims — debt, contract, property damage, personal injury — you have two years from the day you discovered the claim under section 4 of the Limitations Act, 2002. 'Discovered' usually means the day you knew you suffered a loss, who caused it, and that a lawsuit was the right way to deal with it (section 5). There's also a 15-year ultimate deadline from the event itself. A few claims, like sexual assault, have no limitation period at all. Some, like suing a municipality over a sidewalk injury, have a much shorter 10-day notice rule. Call our free Ontario hotline any time and ask as many questions as you like to help pin down your exact deadline.

I got an eviction notice in Ontario — does that mean I have to move out?

No. An N4, N5, N12 or N13 is only a notice, not an eviction. In Ontario a landlord cannot lawfully remove you on a notice alone — they must apply to the Landlord and Tenant Board, you both get a hearing where you can raise defences, and only an LTB order enforced by the Sheriff can evict you. If you get an N4 for unpaid rent, paying all the arrears before the landlord applies to the Board voids the notice. Free Tenant Duty Counsel can help you on the hearing day. Our free hotline is live and can explain your specific notice — call and ask as many questions as you like.

How much can I sue for in Ontario Small Claims Court?

Up to $50,000, not counting interest and costs. That limit rose from $35,000 to $50,000 for claims issued on or after October 1, 2025 under Ontario Regulation 42/25 — the first increase since 2020. Small Claims Court is a branch of the Superior Court of Justice and is built for self-represented people: the process is faster and less formal, and most cases go through a settlement conference before any trial. Claims worth more than $50,000 go to the Superior Court of Justice. Our free hotline is live and can help you figure out the right forum — call and ask as many questions as you like.

I was served with a Small Claims Court claim — what do I do?

Do not ignore it. You generally have 20 days from being served to file a Defence with the court. If you miss that deadline, the person suing you can ask the court for a default judgment and then enforce it — for example by garnishing your wages or a bank account — without you ever telling your side. If you think you don't owe the money, or you only owe part, filing a Defence protects your right to be heard, and many cases settle at the settlement conference. Our free Ontario hotline is live and can walk you through your options — call and ask as many questions as you like.

Can a debt collector still sue me for an old debt in Ontario?

Often not. In Ontario a creditor or collection agency generally has only two years from your last payment or written acknowledgement of the debt to sue you, under the Limitations Act, 2002. After that, a lawsuit can be dismissed as statute-barred. But be careful: making even a small payment, or admitting the debt in writing, can restart the two-year clock and revive a debt that was about to become unenforceable. Collection agencies are also regulated and cannot harass you. Get clear information before you respond — our free hotline is live and can help, so call and ask as many questions as you like.

My landlord won't return my deposit — what can I do in Ontario?

Ontario rules on deposits are stricter than many people realise. Under the Residential Tenancies Act, 2006 a landlord can generally collect only a last-month's-rent (LMR) deposit and a key deposit — not a separate 'damage' or 'security' deposit — and the LMR deposit must earn interest and be applied to your final month. Disputes over deposits and rent go to the Landlord and Tenant Board, not a court, and Tenant Duty Counsel can help for free. Our free hotline is live and can point you to the right LTB application — call and ask as many questions as you like.

How long do I have to sue after a car accident or injury in Ontario?

Generally two years from the date of the accident to sue the at-fault party, under the Limitations Act, 2002. Separately, no-fault accident benefits come from your own insurer regardless of who was at fault, and those have their own shorter notice and application deadlines. If a municipality's poorly maintained road or sidewalk caused your injury, you must give written notice within just 10 days (Municipal Act, 2001, s. 44(10)). These short clocks blindside people constantly. Call our free hotline any time and ask as many questions as you like to confirm which deadline applies.

Do I need a lawyer for Small Claims Court or the Landlord and Tenant Board in Ontario?

No — both forums are designed to be used without a lawyer, and licensed paralegals can also represent you in each. In Small Claims Court the process is deliberately informal, and at the Landlord and Tenant Board free Tenant Duty Counsel (funded by Legal Aid Ontario) can give same-day advice and help with forms. You can still get information beforehand. Our free hotline is live and can give you general legal information on how to prepare, what evidence to bring, and your deadlines — call and ask as many questions as you like. We are not a law firm and this is legal information, not legal advice.

What's the difference between Small Claims Court and the Superior Court of Justice?

Small Claims Court is actually a branch of the Superior Court of Justice, but it handles money claims up to $50,000 in a faster, cheaper, more informal way that self-represented people can navigate. Larger or more complex civil cases — bigger contract and debt disputes, serious personal-injury and medical claims, and class actions — proceed in the Superior Court of Justice itself under the more detailed Rules of Civil Procedure. Choosing the right forum matters, because suing in the wrong one wastes time and money. Our free hotline is live and can help you tell which is which — call and ask as many questions as you like.

Is there really no time limit to sue for sexual assault in Ontario?

That's correct. Since 2016, section 16 of the Limitations Act, 2002 removes the limitation period for claims based on sexual assault — there is no deadline to sue, and the change applies even to assaults from long ago (unless a court already dismissed the claim or the parties settled it). The same no-limitation rule extends to many assault or misconduct claims in intimate or dependency relationships. This is one of the few areas where the two-year clock simply does not apply. For free, plain-language information, our hotline is live now — call and ask as many questions as you like.

Is this a law firm, and is it really free?

No — we are not a law firm, and the service is genuinely free, with no income test and no web form. The AI assistant gives you legal information, not legal advice, and using it creates no lawyer-client relationship — call our free Ontario line and ask as many questions as you like. A paid lawyer-consultation service, where you could arrange a consultation with an Ontario-licensed lawyer, is coming soon, but that isn't available yet. For now, the free legal-information line is live.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

Sued in Ontario, Facing the Landlord and Tenant Board, or Watching a Two-Year Deadline Close? Get Free Civil Legal Information.