Small Claims Court
What is Small Claims Court?
Small Claims Court is a branch of the Superior Court of Justice in Ontario that handles civil disputes involving money, property, or personal injury up to a maximum of $35,000. The process is simpler and faster than regular court, and the rules of evidence are more relaxed. Still, preparation, paperwork, and legal knowledge are required to present a strong case and avoid costly mistakes.
What can I sue for in Small Claims Court?
Small Claims Court handles civil disputes involving money, property, or personal injury up to a maximum of $35,000. Some common types of cases brought to Small Claims Court include:
- Breach of contract: when one party fails to fulfill their obligations under a written or oral agreement, such as a lease, a service contract, or a sales contract.
- Property damage: when one party causes damage to another party's property, such as a car, a house, or a personal item.
- Personal injury: when one party suffers physical or emotional harm due to another party's negligence or intentional act, such as a car accident, a slip and fall, or an assault.
- Consumer complaints: when a buyer or a seller has a problem with a product or a service, such as defective goods, false advertising, or warranty issues.
These examples are not exhaustive. Each case is unique and depends on the facts and the law of the specific jurisdiction. If you are considering suing somebody in Small Claims Court, it may be helpful to legal professional to determine if your case is eligible and how to proceed.
What should I do if I am sued in Small Claim Court?
If you are served with a Plaintiff's Claim, do not delay. You have just twenty (20) days from the date you were served with the Plaintiff's Claim to file and serve a Defence If you do not file a Defence in the allotted time, you may be noted in default and have a judgement issued against you. As this imposes a relatively short timeframe within which to retain legal representation, we recommend you obtain a consultation from a legal professional as soon as possible to discuss your matter.
Why should I hire a paralegal for Small Claims Court?
Paralegals are licensed professionals who can provide representation and advice in Small Claims matters in Ontario. We can save time, money and stress by handling the complex aspects of your case and ensuring you comply with there law and court procedures. We can also negotiate with opposing parties on your behalf and try to reach a settlement.
David Borrie Paralegal Services has experience representing Plaintiffs and Defendants in a wide range of Small Claims Court matters. Call us for a free consultation about your legal issue.