As A Creditor, Should I Transfer My Claim To Small Claims Court?

On October 1, 2025, the monetary limit for the Small Claims Court was increased from $35,000 to $50,000, and the minimum appealable amount from $3,500 to $5,000.¹ This doesn’t mean that all proceedings that began in the Superior Court of Justice for amounts between $35,000 and $50,000 were automatically transferred to Small Claims Court as of October 1, 2025. If you want to move your claim to Small Claims Court, it may be done in the following ways.²

1) By transferring the claim (for more information, see our blog article here); or

2) By discontinuing the current claim and recommencing it (if your action falls within the prescribed limitation period).

In deciding to transfer your action to the Small Claims Court or remain in the Superior Court of Justice, it’s critical to assess the complexity of the matter and the potential costs. The practical question is often not only “Can we fit within $50,000?”, but rather, “is the amount we give up, if any, less than the cost and risk