One of the most significant differences between Small Claims Court and the Superior Court lies in their respective monetary jurisdiction. For Small Claims Court in Ontario, the limit is to bring a claim for $35,000. Claims exceeding this limit must be filed in the Superior Court.
However, claimants have the option to waive the amount exceeding the jurisdictional limit of $35,000 and proceed with their claim in Small Claims Court if they wish. This flexibility allows individuals to pursue claims within the jurisdictional limits of Small Claims Court, even if the total amount claimed exceeds the threshold. However, by doing so the claimant must accept that he or she will never recover more than $35,000.
In addition to having no monetary cap, the Superior Court can apply equitable remedies such as declarations and injunctions which (with two exceptions) the Small Claims Court cannot.