Simplified Procedure in Ontario: What It Is, Who Qualifies, and How It Works
Not every civil dispute in Ontario needs to go through years of full Superior Court procedure to reach resolution. For claims between $50,000 and $200,000, Ontario's simplified procedure under Rule 76 of the Rules of Civil Procedure provides a faster, less expensive path to trial without sacrificing the ability to present your case properly.
Understanding whether simplified procedure applies to your dispute, how it differs from full procedure, and what the process looks like in practice is essential for anyone facing a mid-sized commercial claim. This article explains all of it, including the updated monetary limits following the October 2025 increase to the Small Claims Court limit.
It is mandatory for most claims in this range filed in the Superior Court of Justice. Some claim types are excluded regardless of the amount, including defamation claims, construction lien matters, and cases seeking injunctive or declaratory relief as the primary remedy.
Where simplified procedure fits: the three-tier system
Ontario civil litigation operates across three tiers based on the value of the claim. Understanding where simplified procedure sits helps clarify when it applies and what the alternatives are.
The Small Claims Court limit increased from $35,000 to $50,000 on October 1, 2025 under Ontario Regulation 42/25. This means the bottom of the simplified procedure range has effectively shifted upward: claims that previously had to use simplified procedure may now be eligible for Small Claims Court's even simpler and less expensive process. If your claim is at the lower end of the simplified procedure range, it is worth assessing whether Small Claims Court is now the better forum.
Simplified procedure vs full Superior Court procedure
Simplified procedure (Rule 76)
- Claims $50,001 to $200,000
- Discovery capped at 3 hours per party
- Trial capped at 5 days
- No jury trials
- Streamlined motions and pre-trial steps
- Mandatory mediation in Toronto, Ottawa, Windsor
- Lower cost exposure overall
- Faster path to trial
Full Superior Court procedure
- Claims above $200,000 (no upper limit)
- Full documentary and oral discovery
- No statutory trial length cap
- Jury trials available in some cases
- Full motions practice
- Mandatory mediation in same jurisdictions
- Higher cost exposure
- Longer path to trial
What claims qualify for simplified procedure
Simplified procedure applies automatically to most civil claims for money in the $50,001 to $200,000 range filed in the Ontario Superior Court of Justice. Common commercial disputes that proceed under simplified procedure include:
- Breach of contract claims where damages fall within the range, including service agreements, supply contracts, and commercial leases
- Unpaid invoices and debt recovery claims in the mid-range
- Shareholder and partnership disputes where the financial claim is under $200,000
- Property damage claims
- Professional negligence claims where the quantified loss is within the range
- Employment money claims above the Small Claims Court limit
What claims cannot use simplified procedure
Several categories of claim are excluded from simplified procedure regardless of the amount at issue. Before assuming your claim qualifies, confirm that none of the following exclusions apply.
The injunctive relief exclusion is particularly important in commercial disputes. If you need an urgent injunction to stop ongoing harmful conduct, that application must be brought under full procedure, even if the underlying money claim would otherwise qualify for simplified procedure. A Mareva injunction or restraining order cannot be sought within a simplified procedure action.
The simplified procedure process step by step
Statement of claim
The plaintiff files a statement of claim in the Ontario Superior Court of Justice, identifying the claim as a simplified procedure action and setting out the facts and the amount claimed. The claim must be served on the defendant within the prescribed period after filing.
Statement of defence
The defendant has 20 days from service to file a statement of defence, or 40 days if a notice of intent to defend is served first. The defendant can also bring a counterclaim or crossclaim within the simplified procedure action. Missing the deadline allows the plaintiff to note the defendant in default.
Affidavit of documents and limited discovery
Each party produces an affidavit of documents listing relevant documents in their possession. Examinations for discovery are permitted but capped at three hours per party. This is significantly shorter than full procedure discovery and requires careful preparation to use the available time effectively. See our guide to examinations for discovery in Ontario for how to prepare.
Mandatory mediation (where applicable)
In Toronto, Ottawa, and Windsor, mediation is mandatory before trial under Ontario Regulation 451/98. The parties attend with a mediator to attempt a negotiated resolution. Mediation frequently produces settlements that avoid the cost and risk of trial. Even where mediation does not produce a settlement, it narrows the issues and helps both parties assess their relative positions realistically.
Pre-trial conference
A pre-trial conference is held before a judge who has not been assigned to hear the trial. The conference is an opportunity to narrow the issues, exchange positions on liability and damages, and explore whether settlement is possible with judicial input. Judges at pre-trial conferences often express views about the strengths and weaknesses of each side's case, which frequently prompts settlement.
Trial (capped at five days)
If the matter does not settle, it proceeds to trial. Simplified procedure trials are capped at five days, which requires careful planning to present all necessary evidence within the available time. There are no jury trials under simplified procedure. The trial judge hears the evidence and issues a decision. Costs are awarded to the successful party based on the applicable tariff.
Claim between $50,000 and $200,000 and unsure which process applies?
The choice between Small Claims Court, simplified procedure, and full Superior Court procedure has significant implications for cost, timelines, and the remedies available. Achkar Law can assess your claim and advise on the right forum before you file.
Call: 1-800-771-7882 Speak With a Commercial LitigatorStrategic considerations for plaintiffs and defendants
Simplified procedure is not simply a cheaper version of full procedure: it has genuine strategic implications for how both plaintiffs and defendants approach a dispute.
For plaintiffs
The three-hour discovery cap means plaintiffs have less time to probe the defendant's evidence and obtain admissions. Claims that depend heavily on documentary evidence or on extensive examination of the defendant's records may be better suited to full procedure, even if the amount falls within the simplified range. Plaintiffs should also consider whether their claim could benefit from a jury, which is not available under simplified procedure.
Conversely, simplified procedure's faster timeline and lower costs work in the plaintiff's favour where the defendant might otherwise use the complexity and expense of full procedure to wear down an opponent with a valid but modest claim.
For defendants
The discovery cap cuts both ways. A defendant who wants extensive examination of the plaintiff's records before trial may find the three-hour limit frustrating in complex cases. In those situations, a motion to transfer to full procedure may be worth considering, though the test requires demonstrating that the simplified procedure's limitations would genuinely prevent a fair determination.
Defendants in simplified procedure actions should also note that the five-day trial cap applies to both sides. A defendant with a complex factual narrative may need to be selective about which evidence and witnesses to present within the available time.
Facing a commercial dispute in the $50,000 to $200,000 range?
The right process and the right strategy within that process are the most important decisions you make at the outset of a simplified procedure action. Achkar Law advises businesses and individuals across Ontario on commercial litigation at every level of the court system.
Speak With a Commercial Litigator Or call us: 1-800-771-7882Practical takeaways
Frequently asked questions
What is simplified procedure in Ontario?
Simplified procedure is a litigation process under Rule 76 of Ontario's Rules of Civil Procedure for civil claims between $50,001 and $200,000 excluding interest and costs. It provides a faster and less expensive path to trial than full Superior Court procedure through capped discovery (three hours per party), a five-day trial cap, streamlined motions, and mandatory mediation in Toronto, Ottawa, and Windsor.
What is the monetary limit for simplified procedure in Ontario?
Simplified procedure applies to claims of $50,001 to $200,000 excluding interest and costs. Claims up to $50,000 are handled in Small Claims Court (as of October 1, 2025 under Ontario Regulation 42/25). Claims above $200,000 proceed under full Superior Court procedure. A plaintiff with a claim slightly above $200,000 may choose to abandon the excess to access simplified procedure, but this requires careful assessment of what is being given up.
What types of claims can use simplified procedure in Ontario?
Most civil money claims between $50,001 and $200,000 qualify, including breach of contract, unpaid invoices, debt recovery, shareholder and partnership disputes, property damage, and professional negligence. Excluded categories include defamation claims, construction lien matters under the Construction Act, and cases where injunctive or declaratory relief is the primary remedy sought.
How is discovery different under simplified procedure?
Examinations for discovery under simplified procedure are capped at three hours per party, compared to no fixed cap under full procedure. This requires both sides to prepare carefully and prioritize the most important lines of questioning. The scope of documentary disclosure is also narrower than under full procedure. These limits reduce cost significantly but require more focused preparation.
Is mediation mandatory under simplified procedure in Ontario?
Mandatory mediation applies in Toronto, Ottawa, and Windsor under Ontario Regulation 451/98. In these jurisdictions, parties must attend mediation before the matter can proceed to trial. In other parts of Ontario, mediation is encouraged but not mandatory. Mediation frequently results in settlement, allowing parties to avoid the cost and risk of trial.
Can you transfer from simplified procedure to full procedure in Ontario?
Yes. A party can bring a motion to transfer a simplified procedure action to the ordinary procedure where the complexity of the issues, the volume of documentary evidence, or the number of witnesses makes the simplified procedure's limitations genuinely unfair. Courts grant transfers where the limitations would prevent a fair determination of the issues, but the test requires more than a preference for more discovery time.
Facing a commercial dispute in Ontario? Get advice on the right process before you file.
Choosing the right litigation process at the outset of a dispute is one of the most important strategic decisions you make. Filing in the wrong forum, or failing to recognize that simplified procedure applies (or does not apply) to your claim, can affect costs, timelines, and the remedies available to you. Achkar Law advises businesses, organizations, and individuals across Ontario on commercial litigation strategy at every level of the court system, from Small Claims Court through to full Superior Court procedure.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.