50 is the New 35: Small Claims Court Just Levelled Up
Author: Michelle Panagiotakos
Michelle has extensive insurance defence experience in both tort and accident benefits, though her practice focuses more on the latter, including priority and loss transfer disputes. Before joining SBA, she spent several years in-house with a national insurance company where she gained invaluable insights into the complexities of the industry and, more importantly, a first-hand understanding of her clients’ needs and practices. Michelle’s unique experience of working not only for her clients but with them has both deepened her knowledge of insurance defence and fueled her commitment to delivering exceptional, client-focused support. Though her upbeat attitude and charm help her resolve even the toughest of insurance disputes outside of the courtroom, Michelle’s courtroom adventures span the Court of Appeal, Divisional Court, Superior Court of Justice, and the Licence Appeal Tribunal, where she’s known for her impressive success rate and client victories.
Outside of work, Michelle finds joy in raising her little girls and bringing loved ones together for her delicious Greek feasts – where no one leaves hungry, or without trying her legendary Baklava. Opa!
Feel free to reach out to Michelle at mpanagiotakos@sbalawyers.ca.
Starting October 1, 2025, the monetary ceiling for Ontario’s Small Claims Court will officially rise from $35,000 to $50,000. That’s a major shift—and one that’s going to shake things up across the board.
Historically, the Small Claims Court jurisdiction was set at $25,000, a limit introduced back in 2010 (itself a jump from $10,000). The 2020 increase to $35,000 brought more flexibility, and, now, this latest jump to $50,000 continues the trend of expanding access to a faster, simpler, and more cost-effective court system. With the new $50,000 cap, even more cases will fall within its reach.
What does this mean for insurance disputes?
A lot, actually. Think subrogated claims, overpayment recoveries, premium disputes, property damage under $50,000—you name it. These are the kinds of files that might have previously landed in Superior Court, having to fight their way through ever-growing backlogs. Now, these can be pursued more quickly, and cheaply, in Small Claims Court.
For claimants, this might even be a reason to waive a few thousand dollars just to take advantage of the quicker process. For that reason, insurers can expect to see an increase in actions being brought in this forum and may want to rethink how they defend or settle those claims.
Already filed a claim?
Once the limit officially increases in October, existing Small Claims Court matters under $35,000 can be amended to bump up the amount claimed. If a lawsuit has already been launched in Superior Court and it’s under the new limit, consideration should be given to transferring it to the lower court to access the more efficient and cost-effective process.
Bottom line
This monetary increase is more than just a mere technical change. It’s a meaningful shift in Ontario’s approach to civil justice. For insurers, counsel, and claimants alike, it opens the door to a more efficient litigation path for a wider range of disputes.
Ontario’s civil litigation system is evolving—and Small Claims Court is about to get a whole lot busier!
