ABOUT SMALL CLAIMS COURT
The monetary jurisdiction of Small Claims Court in Ontario has increased ever since it was founded in 1990, and its currently set at $25,000.00 per party, not including legal costs and interest. All types of matters appear before the Small Claims Court.
Due to its simplified process, there is a high emphasis on organization and presentation of material before the Small Claims Court. Today, atleast one party is always represented by a knowledgeable small claims court representative. As such, even simple matters such as unpaid invoices are thoroughly tried by etablished legal pricnipals, relevant case law, applicable statutes, and tactical presentation of evidence. Having a knowledgeable small claims court representative can result in an unexoected victory due to timely objections and extreme attention to procedural detail.
damage caused to property during or as a result of sub-standard repairs or services. Construction, renovations, landscaping, dentistry, legal services, accounting, advertising, pr promotions, health services, transportation and logistics, travel, manufacturing, insurance, credit are areas where we may be able to assist you in the recovery of full, extra, or partial damages associated with your loss.
Preparing the Claim or the Defence form
Plaintiff’s claim (Form 7A) commences the action and it is your chance to explain why the Court should decide in your favor. It is entirely up to you how you present your case, the facts pertaining to the case and the documents that you intend to use to support your claim. After the Claim is prepared, it must be filed at the appropriate location of Ontario small claims Court, be served on the Defendant(s) in accordance with the Rules of Small Claims Court within six months, otherwise it is considered abandoned.
Small Claims Court Litigation Toronto
Defence (Form 9A), which must be filed at the appropriate location of small claims Court in Ontario by the defendant to an action within 20 or 25 days from the date the plaintiff’s claim was served. The Defence is a chance for the defendant to either agree to all or a part of the Plaintiff’s claim or to refute it all together based on relevant evidence. In the event that no Defence is filed within the prescribed period, the Defendant(s) can be noted in default.
Filing the Plaintiff’s claim in the proper courthouse location of small claims court
The fee to file a Plaintiff’s claim for anyone who files fewer than 10 Small Claims Court claims per calendar year is $75 per claim and $145 per claim if it is more than 10.
You can file a Plaintiff’s claim in: 1) The court in the territorial division where the cause of action occurred, 2) The court in the territorial division where the defendant lives or carries on business.
Serving the Defendant(s)
Once a claim has been filed at the appropriate branch of Ontario small claims Court, you have 6 months after the date it was issued within which to serve each defendant. You may at a later date need to prove the claim was served and brought in the proper jurisdiction by filing Affidavit of Service (Form 8A) with the Court.
Replying to a claim
If you want to dispute a claim, you have 20 calendar days (add five days if service was done by mail) from the date you were served with the claim. If no Defence is filed at the appropriate branch of small claims court in Ontario, you may be noted in default and the plaintiff can obtain default judgment against you without further notice.
Going to court
If your Small Claims Court case is going to be heard – whether it is for a settlement conference, assessment hearing, trial, or examination you probably have a lot of questions. We are here to help you.
A common misconception is that a judgment is synonymous with payment. While a judgment guarantees that the debtor will pay, bringing money into the creditor’s bank account take months and in some cases years. Issuing notice of garnishment to the appropriate garnishee or a writ of sale for land or personal property are routine in enforcing judgment against a difficult party.
For more information about our services or for further information in regards to making or defending a claim at Toronto small claims Court, Richmond Hill small claims Court, Brampton small claims Court, or other locations of small claims Court in Ontario, call or e-mail our friendly staff today! (416) 894-4219.