Small claims limits by province in 2026: when you can sue without a lawyer

If your claim is within your province's small claims limit, you can usually sue, or defend, without paying a lawyer for the whole case. In 2026 the main limits are $50,000 in Ontario's Small Claims Court (raised from $35,000 on 1 October 2025), $100,000 at the Alberta Court of Justice, $35,000 in BC Provincial Court, with most claims of $5,000 or less going first to BC's online Civil Resolution Tribunal, and $15,000 in the Small Claims Division of the Court of Québec, where lawyers generally cannot represent the parties at all. The costs you risk paying the other side are also much lower than in the superior courts. That makes small claims the cheapest route for many disputes, but not always the best one if the facts or law are complicated.

This guide is part of the overview of lawyer fees in Canada. Limits change by regulation, so confirm the current figure on your court's website before filing.

Limits and representation in the main provinces

Other provinces and territories have their own limits and procedures. Check the court website listed in the official sources directory.

Splitting, abandoning or transferring a claim

You cannot divide one claim into two smaller ones to fit under the limit. You can, in most provinces, give up the excess to stay in small claims. In Ontario, for example, a $56,000 claim can be brought in Small Claims Court if you abandon $6,000. Whether that is worth it is an arithmetic question.

Worked example (illustrative), Ontario:

• Option 1, Small Claims: claim $50,000 and abandon $6,000. You represent yourself with 4 hours of limited scope coaching from a lawyer at $350 an hour: $1,400 plus 13% HST = $1,582. Court filing fees are extra.
• Option 2, Superior Court (simplified procedure, claims up to $200,000): claim the full $56,000 with a lawyer. An illustrative estimate to the end of a short trial is 70 hours at $350 = $24,500, plus $3,000 disbursements, plus HST: ($27,500) x 1.13 = $31,075.

Even if you won the full $56,000 in Superior Court and recovered half your costs (about $15,500), you would net about $56,000 - $31,075 + $15,500 = $40,425. In Small Claims, winning $50,000 nets about $48,400 after the coaching fee and modest filing costs. Abandoning $6,000 is the better bet here, unless the case is so complex that self-representation would risk losing it.

What it costs to lose in small claims

Small claims courts usually limit the costs a winner can recover. In Ontario, the Courts of Justice Act caps an award of costs for representation, other than disbursements, at 15% of the amount claimed (or the value of property claimed), unless the court decides to penalise a party for unreasonable behaviour. On a $20,000 claim that is a $3,000 ceiling for representation fees.

In Quebec, because lawyers do not act in the Small Claims Division, there are no lawyers' fees to shift; costs are limited to items such as court fees. At BC's Civil Resolution Tribunal, the general rule is that each party pays its own legal fees, with limited exceptions, though tribunal fees and some expenses can be reimbursed to the successful party.

Use the costs recovery estimator to see how little of a legal bill a capped award covers.

Decision checklist: lawyer, paralegal or yourself?

You can probably manage on your own, or with limited help, if:

• The facts are mostly in documents (invoices, contracts, texts, emails).
• The legal issue is familiar: unpaid debt, deposit not returned, defective work, damage to property.
• The other side is an individual or small business, not a large organisation with in-house counsel.
• You can organise evidence and speak clearly about it.

Consider paying for help if:

• The defendant has filed a counterclaim or a third-party claim.
• The case depends on interpreting a contract clause, a limitation period or a statute.
• You need an expert report (for example, on construction defects).
• The amount is close to the limit and the decision to abandon part of it matters.
• You are the defendant in a claim that, if lost, would be hard to pay.

A middle path is limited scope advice: one or two hours with a lawyer to check your claim and evidence. In Ontario, a licensed paralegal is often a lower-cost option for full representation in Small Claims Court. See fee arrangements compared.

Collecting what you win

A judgment is not money in your bank account. If the other side does not pay, you need enforcement steps, such as garnishment of wages or bank accounts or a writ against property, each with its own fees. Before suing, ask yourself whether the defendant has income or assets. If not, even a free claim can be a waste of time.

Frequently asked questions

Can I still use a lawyer in small claims?

In Ontario, BC Provincial Court and Alberta, yes. In Quebec's Small Claims Division, generally no, though you can get advice before the hearing. At BC's Civil Resolution Tribunal, parties usually represent themselves.

Does the limit include interest?

In Ontario, the limit applies to the amount claimed excluding interest and costs. In Quebec, the limit excludes interest. Check the rules in your province.

Can a business sue in small claims?

Usually yes, though Quebec restricts which legal persons can use the Small Claims Division based on their size. Check Éducaloi or the Court of Québec before filing.

Is mediation required?

Some small claims processes include a settlement conference or mandatory mediation step. Ontario Small Claims Court holds a settlement conference in defended actions; Quebec offers free mediation in small claims.

Sources

• Ontario Courts — Small Claims Court and simplified procedure
• Ontario e-Laws — O. Reg. 626/00 (Small Claims Court jurisdiction) and Courts of Justice Act
• Civil Resolution Tribunal — BC small claims of $5,000 and under
• Provincial Court of British Columbia — small claims from $5,001 to $35,000
• Alberta Courts — Alberta Court of Justice civil claims up to $100,000
• Éducaloi — plain-language guide to the Small Claims Division in Quebec