Home Small Claims Court Small Claims Court in Ontario

Small Claims Court in Ontario

Small Claims Court in Ontario

Small Claims Court in Ontario: A Guide to Resolving Disputes

The Small Claims Court in Ontario is a cost-effective and efficient way to resolve disputes with a monetary value up to $35,000. While the process may seem daunting at first, understanding the steps involved can make it much simpler. Here is a guide to Small Claims Court in Ontario, from filing a claim to collecting a judgment.

Eligibility

To be eligible for the Small Claims Court in Ontario, your claim must be for a monetary value up to $35,000, except for a claim with respect to real property. Additionally, there must be a valid legal issue, such as contract disputes, personal injury, or breach of warranty.

Filing a Claim

The first step in filing a claim in the Small Claims Court in Ontario is to complete the Plaintiff’s Claim Form. The form requires you to provide details about the dispute, such as the amount you are claiming and a brief description of the dispute. Once completed, the form must be filed with the court, along with the filing fee. You will then be given a court date for the first appearance.

Serving the Defendant

After you have filed your claim, the defendant must be served with the Plaintiff’s Claim Form and a summons to appear in court. This can be done in person, by mail, or by a process server. The defendant then has 20 days to respond to the claim.

The Hearing

At the hearing, both parties will present their case and evidence to the judge. Witnesses may be called to testify, and documents may be introduced as evidence. The judge will ask questions and make a decision based on the evidence presented. If the judge finds in your favor, they will issue a judgment.

Collecting a Judgment

Once a judgment has been issued in your favor, you must take steps to collect the money owed to you. This could include garnishing wages, seizing assets, or placing a lien on property. If the defendant fails to pay, you can seek assistance from the court to pursue enforcement action.

Appealing a Decision

If you are not satisfied with the decision made by the Small Claims Court judge, you have the option to appeal. To appeal, you must file a Notice of Appeal within 30 days of the date of the original judgment. The case will then be heard by a higher court.

Conclusion

Small Claims Court in Ontario can be a helpful alternative to costly and time-consuming legal processes. By understanding the eligibility requirements and steps involved, you can effectively pursue a dispute and obtain a judgment. If you need assistance navigating the Small Claims Court process, consider consulting with a lawyer who specializes in this area of law.


What to Know about Making a Small Claims Court in Ontario

Background Information on Small Claims Court in Ontario

In Ontario, Canada, the Small Claims Court is one of the branches of the Superior Court of Justice. The Small Claims Court in Ontario deals with various civil disputes that have equivalent monetary values that do not exceed $25,000 (Canadian dollars).

This amount includes the monetary value of goods that the claimant or plaintiff requests in total, regardless of the number of defendants. For a claim that is more than the limit of $25,000, it can still be pursued in Ontario’s small claim court, but any value beyond the limit will be given up. Furthermore, the future right to obtain this money will be forfeited as well. Also, the claim cannot be divided up between separate cases.

Cases that can be filed in Small Claims Court in Ontario include the following:

Claims for unpaid money under certain agreements such as services or goods sold and delivered, loans, rent, checks

Damages for clothing from a dry cleaner, property, breach of contract, personal injuries

Cost of Bringing a Case to Small Claims Court in Ontario

In order to bring a case forth, an individual must pay a minimal fee in order to file the claim as well as a fee for many steps in the court process, such as requesting a trial date, filing motions, or enforcing judgment. The amount of steps varies depending on the case. Contact a small claims court lawyer to consult your case.

Furthermore, there are also fees in Small Claims Court to a witness who has been summoned for their travel expenses and attendance. Other fees can be added when necessary, for example, for interpreters. In certain circumstances, a fee can be waived depending on the individual’s financial circumstances.

A Typical Protocol in Small Claims Court in Ontario

In a typical small claim, the general procedure is as follows

The Claim

The defendant first fills out a Form 7A, or the Small Claims Court Plaintiff’s Claim, and either mails it or brings it in person to the court office to have it filed. Here the claimant makes a claim and brings the original claim form as well as supporting documents, pays the filing fees, and has the claim served. From there the defendant has 20 days to file a defense.

The Defense

If the defendant does not agree with the claim, he or she should then fill out Form 9A, the Defense form, indicating the opposing perspective. This form is then filed upon paying a filing fee. A copy of this form is served to the claimant.

The Settlement Conference 

The two opposing parties both receive notices in the mail to come to a settlement conference where thy receive Form 13A, the blank list of Proposed Witnesses, which must be filed at least 2 weeks before the settlement conference. At the actual conference, the parties both get a chance to discuss the case. If they cannot agree on an action, the case proceeds with a trial. Alternatively, the case may come to a settlement before that.

The Trial

The trial of the Small Claims Court is where the Judge can make a decision about the case at hand. Based on the results of the case, certain steps are taken to either end the case or receive payment.