Unpaid invoices are a frequent issue for clients across industries. For lawyers and paralegals representing small businesses or service providers, preparing a Small Claims Court plaintiff claim efficiently and accurately is critical to securing payment and minimizing procedural delays.
This guide provides a professional, step-by-step approach to drafting an unpaid invoice claim, including how to structure the claim, incorporate supporting evidence, and avoid common drafting pitfalls. A Schedule A example is included to demonstrate best practices.
Step 1: Identify the Parties
Clearly and precisely identify the plaintiff and defendant. For professional claims, this includes:
- Legal entity type (corporation, sole proprietorship, partnership)
- Province of incorporation
- Registered office addresses
- Business nature
Example (Schedule A):
- The plaintiff is a company duly incorporated pursuant to the Laws of the Province of Ontario, with offices situate in the City of Toronto, in the Province of Ontario.
- The defendant is a company duly incorporated pursuant to the Laws of the Province of Ontario, with offices situate in the City of Ottawa, in the Province of Ontario.
Additional examples for practice:
- “The plaintiff is ABC IT Solutions Inc., incorporated under the laws of Ontario, with offices in Mississauga, Ontario. The defendant is DEF Construction Ltd., incorporated under the laws of Ontario, with offices in Hamilton, Ontario.”
- “The plaintiff is John Smith, carrying on business as Smith Design Studio, a sole proprietorship in Ottawa, Ontario. The defendant is Creative Marketing Solutions Inc., incorporated under Ontario law, with offices in Toronto, Ontario.”
Step 2: Specify the Services Provided
Detailing services accurately is essential. Include:
- Scope and type of services or goods
- Relevant dates
- Billing arrangement (hourly or fixed fee)
Example:
5. That on or about January 15, 2025, the Plaintiff provided bookkeeping and financial reporting services to the defendant and invoicing for same.
Other examples for various industries:
- IT consulting: “Between February 1, 2025, and March 31, 2025, the plaintiff provided network configuration and cybersecurity services.”
- Cleaning: “From January 10, 2025, to February 28, 2025, the plaintiff provided commercial cleaning services at the defendant’s Toronto premises.”
- Marketing: “On March 1, 2025, the plaintiff delivered digital marketing and content creation services.”
Step 3: Set Out the Agreement and Payment Terms
Clearly outline the basis of the agreement and payment obligations. Include:
- Agreed fee structure (hourly, monthly, or per deliverable)
- Payment due dates
- Any amendments to the original agreement
Example (Schedule A):
6. The plaintiff states that between January 15, 2025, and March 31, 2025, at the request of and with the agreement of the defendant, the plaintiff, its agents and employees provided services to the defendant on an “as needed” basis at an hourly rate of $150 although such services were not utilized during this period.
7. That in or about February 1, 2025, the defendant indicated that it preferred a monthly fee arrangement of $2,000 plus applicable taxes, payable within 30 days of invoice receipt.
Additional professional examples:
- “The parties agreed to a flat monthly fee of $1,500 for ongoing legal research services, payable within 30 days of invoice.”
- “The defendant agreed to pay $250 per hour for IT support services, invoiced biweekly, with late fees of 1.5% per month on overdue balances.”
Step 4: Document Issues or Late Payments
A clear record of payment history strengthens a claim:
- Partial payments, late payments, or non-payment
- Dates and amounts
- Correspondence regarding overdue balances
Example:
15. The plaintiff states that while the defendant rarely paid the invoices properly tendered in the manner agreed between the parties, it made partial payments leaving outstanding balances.
Other examples for professionals:
- “Despite repeated email and phone requests, the defendant failed to pay invoices dated February 15 and March 15, 2025, totaling $4,000.”
- “The defendant issued partial payments of $500 on March 1, 2025, leaving an outstanding balance of $1,200.”
Step 5: State the Claim Amounts and Damages
Explicitly quantify the amount claimed, including:
- Outstanding invoice totals
- Applicable taxes
- Any late fees or legal costs
Example:
30. The plaintiff claims that as a result of the defendant’s breach of contract, it has suffered damage and loss in the amount of $6,000, being the total of the monies properly due and owing pursuant to the agreement between the parties.
Professional alternatives:
- “The plaintiff claims $3,500 for unpaid IT consulting services, plus $150 in late fees and $50 filing costs, for a total claim of $3,700.”
- “The plaintiff claims $5,200, being the total of outstanding invoices for January through March 2025, plus HST and associated costs.”
Step 6: Attach Evidence
Organize supporting evidence clearly:
- Invoices
- Contracts
- Email correspondence
- Statement of account
Example:
16. The plaintiff states given the representations and assurances as to payment it took no action on the late payments as payment continued to be made as evidenced by the statement of account attached hereto at TAB “1”.
21. The plaintiff states that it forwarded copies of the invoices attached hereto and a letter demanding payment as evidenced by a copy of the said correspondence attached hereto at TAB “3”.
Step 7: Draft the Claim Properly
Each paragraph should present facts clearly and legally:
- What services were provided
- Defendant’s representations and obligations
- Breach or failure to pay
- Amount claimed
Example:
27. The plaintiff states that the defendant breached its agreement with the plaintiff by misrepresenting its ability and/or intention to pay the invoices when properly tendered.
Step 8: File and Serve the Claim
Ensure compliance with Small Claims Court rules:
- Complete Plaintiff Claim Form (Form 7A)
- Attach Schedule A and evidence
- File in the proper jurisdiction
- Serve the defendant according to the rules
Step 9: Follow Up and Prepare for Court
- Maintain organized records of the claim
- Track deadlines for responses
- Prepare to present organized evidence in court
Step 10: Streamline Drafting With a Professional Template
Drafting a claim manually can be time-consuming and prone to errors. Using a Schedule A template provides:
- Consistency across claims
- Proper legal phrasing
- Pre-organized evidence tabs
- Reduced drafting time
[Download a free skeleton template here] or purchase the full 1st Draft Matter Template for immediate use across client matters.
✅ Conclusion
For lawyers and paralegals, a professionally drafted plaintiff claim saves hours, minimizes errors, and ensures claims are court-ready. Incorporating a structured Schedule A with clear examples allows for faster preparation, better client service, and a stronger position in Ontario Small Claims Court.
