Normal
0
false
false
false
EN-JM
X-NONE
X-NONE
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:”Table Normal”;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-parent:””;
mso-padding-alt:0cm 5.4pt 0cm 5.4pt;
mso-para-margin-top:0cm;
mso-para-margin-right:0cm;
mso-para-margin-bottom:8.0pt;
mso-para-margin-left:0cm;
line-height:107%;
mso-pagination:widow-orphan;
font-size:11.0pt;
font-family:”Calibri”,sans-serif;
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-bidi-font-family:”Times New Roman”;
mso-bidi-theme-font:minor-bidi;
mso-ansi-language:EN-JM;}
About Small Claims Court in Ontario: Cases, Claims, & Damages:
Small claims court is one of the branches
of the Superior Court of Justice in Canada. It is empowered to handle disputes
that are civil in nature of up to $25,000 Canadian dollars.
of the Superior Court of Justice in Canada. It is empowered to handle disputes
that are civil in nature of up to $25,000 Canadian dollars.
$25,000 may sound like a large amount, but with the high degree of litigation involving amounts and damages OVER $25,000, it is indeed a logical division point to define the difference between matters to be handled by the different courts.
There are some special things to note about
Small Claims Court and one of them is that this court is governed by simpler rules and
procedures.
Small Claims Court and one of them is that this court is governed by simpler rules and
procedures.
This is in an aim to have
cases heard in an efficient manner and disposed of quickly and certainly.
cases heard in an efficient manner and disposed of quickly and certainly.
Types
of Cases
The kind of cases that go to Small claims
includes any kind of action that requires the payment of money or the recovery
of property (personal) where the amount does not exceed $25,000.
includes any kind of action that requires the payment of money or the recovery
of property (personal) where the amount does not exceed $25,000.
This amount
excludes interest and costs such as court fees. This amount will include the
value of everything the plaintiff is seeking in total, regardless of the number
of defendants.
excludes interest and costs such as court fees. This amount will include the
value of everything the plaintiff is seeking in total, regardless of the number
of defendants.
Forfeiting Claims & Damages Above $25K
It is important to note that even if your
claim exceeds $25,000 you can still choose to use the court. However, you will
have to forfeit any amount over the set court limit that you can claim. Also in
doing this, you will forfeit any future right to that excess and any claim in
another court.
claim exceeds $25,000 you can still choose to use the court. However, you will
have to forfeit any amount over the set court limit that you can claim. Also in
doing this, you will forfeit any future right to that excess and any claim in
another court.
It should also be mentioned that you cannot
divide a claim into separate cases to remain below the $25,000 limit. This is
not allowed as the limit will still be enforced and this will be seen as
inappropriate.
divide a claim into separate cases to remain below the $25,000 limit. This is
not allowed as the limit will still be enforced and this will be seen as
inappropriate.
In other words, don’t try to manipulate the small claims court system in order to expedite larger claims. You get one shot, so make sure you are wise in your approach.
Examples
of Claims
Money owed under agreements
– Money not
paid for goods and services that have been rendered.
paid for goods and services that have been rendered.
– Loans that
are unpaid.
are unpaid.
– Rent that
is unpaid.
is unpaid.
Damage Claims
– Damage to
property
property
– Contract
Breaches
Breaches
– Personal
Injury
Injury
 |
| Credit: Unknown, please advise. Take down notice if required, no problem. |
How
much will it cost to use the court?
There is a fee that you must pay to be able
to file a claim or mount a defence in the Small Claims Court. Also, for many of
the steps that are involved in a proceeding such as filing a motion, seeking a
trial date or enforcing a judgment a fee will be liable to all parties involved in bringing your claim to court.
to file a claim or mount a defence in the Small Claims Court. Also, for many of
the steps that are involved in a proceeding such as filing a motion, seeking a
trial date or enforcing a judgment a fee will be liable to all parties involved in bringing your claim to court.
When summoning a witness you may have to
pay them a fee for their attendance in court. This fee can cover their costs to
travel to be in court. Additionally, if you require additional support such as
translators, visual language interpretation you will have to cover those fees
as well.
pay them a fee for their attendance in court. This fee can cover their costs to
travel to be in court. Additionally, if you require additional support such as
translators, visual language interpretation you will have to cover those fees
as well.
It is important to note that the successful
party in the claim can then request that the other party pay their court fees
and any other associated costs. The
government of Ontario introduced a certificate that would be applied to waive
certain fees if they cannot afford it. The point is to ensure that no one is
denied justice because they cannot afford it.
party in the claim can then request that the other party pay their court fees
and any other associated costs. The
government of Ontario introduced a certificate that would be applied to waive
certain fees if they cannot afford it. The point is to ensure that no one is
denied justice because they cannot afford it.
Paralegals
At this point, it can be noted that a
lawyer or a paralegal is not mandatory when you go to small claims court.
However, they can help you in the legal matters so you can understand your rights and responsibilities. They will also help you to explore the options you
have and can explain the overall justice system to you. For example, an Oshawa paralegal such as Renrow Paralegal would be happy to represent you in small claims court all throughout the GTA, as well as Oshawa.
lawyer or a paralegal is not mandatory when you go to small claims court.
However, they can help you in the legal matters so you can understand your rights and responsibilities. They will also help you to explore the options you
have and can explain the overall justice system to you. For example, an Oshawa paralegal such as Renrow Paralegal would be happy to represent you in small claims court all throughout the GTA, as well as Oshawa.
It is also good to know the difference
between a lawyer and a paralegal. The paralegal is another legal based
profession and can give legal advice about issues that are discussed in small
claims court. The paralegal can be employed by a lawyer or they can work for
themselves usually under the supervision of a lawyer.
between a lawyer and a paralegal. The paralegal is another legal based
profession and can give legal advice about issues that are discussed in small
claims court. The paralegal can be employed by a lawyer or they can work for
themselves usually under the supervision of a lawyer.
It depends on the actual problem you are
handling but normally a paralegal would cost less than a lawyer. However, you
must appreciate the difference that a paralegal cannot work in some areas that
a lawyer can. A paralegal and a lawyer can represent you in Small Claims Court
but only a lawyer can represent you in a higher court such as the Superior
Court or the Court of Appeal.
handling but normally a paralegal would cost less than a lawyer. However, you
must appreciate the difference that a paralegal cannot work in some areas that
a lawyer can. A paralegal and a lawyer can represent you in Small Claims Court
but only a lawyer can represent you in a higher court such as the Superior
Court or the Court of Appeal.
How
can a paralegal help me in Small Claims?
It is a good idea to seek out the service
of a paralegal when you have any legal matters. This is a good place to start
as when you consult them, they can advise you if they are able to help you with
your issue. They can guide you to decide if their expertise will be able to
help you in your present situation.
of a paralegal when you have any legal matters. This is a good place to start
as when you consult them, they can advise you if they are able to help you with
your issue. They can guide you to decide if their expertise will be able to
help you in your present situation.
Most paralegal will help you in the
processes of your court appearance. This includes: Preparing for the hearing,
representation for the hearing and any appeal process if that is necessary. It
will also depend on where in Canada you are going to small claims court. Some
Paralegals located in Ontario are licensed to practice law in particular
fields.
processes of your court appearance. This includes: Preparing for the hearing,
representation for the hearing and any appeal process if that is necessary. It
will also depend on where in Canada you are going to small claims court. Some
Paralegals located in Ontario are licensed to practice law in particular
fields.
The ones that fall into this area can work
independently and do not have to work under the supervision of a lawyer.
Therefore, it is important that you do your research and speak to your
paralegal before making a decision on your next legal move.
independently and do not have to work under the supervision of a lawyer.
Therefore, it is important that you do your research and speak to your
paralegal before making a decision on your next legal move.
Filing
a claim
When you are preparing to file your claim,
deciding where to do this may be a concern to you. This is a very important
decision and for you to come to this decision you will need to explore the
following:
deciding where to do this may be a concern to you. This is a very important
decision and for you to come to this decision you will need to explore the
following:
- Look at the courts that are located in the territory in which the
incident leading to court action occurred. This will be quite useful as they
can relate to local issues and events around your claim. - You can also look into the division to which the defendant in the court
lives or will conduct their business. If there are several defendants, then
choose a court in which one of them lives or does business. - You can also look at where the court holds each sitting. You can choose
a court that is nearest to where the defendant lives or carries on their
business.
How
long do you have to start a claim?
This will depend on the nature of the claim
you are making. There may be time limits so it is never advised to wait too
long to submit your claims. However, to find out what is applicable to your
case, consult your lawyer or paralegal for further advice.
you are making. There may be time limits so it is never advised to wait too
long to submit your claims. However, to find out what is applicable to your
case, consult your lawyer or paralegal for further advice.
What
kind of proof do you need in small claims court?
Going to court as the plaintiff, it is
important that you have evidence to prove your case. You will have to gather
witnesses and/or documents that you have to support your claim. This is not
mandatory to have these but it will help to have your evidence to prove your
claim. Admittedly, without evidence, it will be your word against theirs so
this would be useful.
important that you have evidence to prove your case. You will have to gather
witnesses and/or documents that you have to support your claim. This is not
mandatory to have these but it will help to have your evidence to prove your
claim. Admittedly, without evidence, it will be your word against theirs so
this would be useful.
Absent of evidence, you will have to write
your official claim in a summarized version of events. It will have to be clear
on the events leading up to the incident and why you think the judgment should
be in your favour. Any kind of supporting documents would be good to help your claim
against the defendant, and they will have to respond to your claim and present
their arguments as well.
your official claim in a summarized version of events. It will have to be clear
on the events leading up to the incident and why you think the judgment should
be in your favour. Any kind of supporting documents would be good to help your claim
against the defendant, and they will have to respond to your claim and present
their arguments as well.
About the Author
