WHAT IS SMALL CLAIMS COURT?

Small Claims Courts in Ontario provides an opportunity for the average person to resolve simple disputes with a monetary value of up to $25,000.00 without the necessity of hiring a lawyer.  This court is fairly informal and provides a less expensive court proceeding that can be resolved in a timely fashion. 

However no court is quick. On average you can expect the entire Small Claims Court process to take approximately one year to have the matter heard and obtain judgment.  Once judgment has been successfully obtained you will endure the process of collecting on that judgment, known as Enforcement.

WHAT CAN I SUE FOR?

The Small Claims Court will hear matters relating to automobile accidents, property damage, landlord tenant disputes, breach in contract, dishonoured cheques, unpaid wages, or the collection of both personal and business debts. This is a partial list and rules vary by province.  The highest amount that you can sue for in the Ontario Small Claims Court is currently $25,000.00.

WHO CAN SUE?

You can sue anybody (adults) and any business in Small Claims Court. Any individual, business or corporation may sue in Small Claims Court for the recovery of money only.

WHERE DO I SUE?

You must sue in the jurisdiction where the person being sued resides or alternatively where the cause of action arose.  Therefore, should the Defendant(s) reside in another jurisdiction than yourself you will be required to file your Claim in the court where he or she lives, unless of course the cause of action happened elsewhere.

WILL THE COURTS HELP ME?

The clerks in the Small Claims Courts offices will not tell you HOW to prepare your case or provide legal advice. If they are not too busy, they may assist you in correctly filling out the forms, but don't count on it. You will have to get the information booklets and forms and follow the instructions carefully or you may risk your case being dismissed. Without a full understanding of your rights and the court process it can become very stressful and time consuming.

SMALL CLAIMS COURTS ARE INFORMAL, BUT THEY ARE STILL A COURT

Never forget that you are in court for a minute. Be respectful even if you think it is not deserved. Try to be calm, courteous and avoid calling the other party names.  Never speak to the other party directly and always present your case to the judge. Stick to your facts and you will go a long way to impress the judge.

HOW TO LOSE IN SMALL CLAIMS COURT

Follow these simple instructions and you will no doubt annoy an impatient Small Claims Court judge that will result in the loss of your case.

• Show up unwashed, unshaved and in dirty work clothes;
• Do not have your supporting documents with you;
• Interupt and get into a shouting match with the other party;
• Don't bring your witnesses to court. Try and tell the judge what they told you;
• Being  unprepared and making up the facts throughout your testimony.

HOW TO IMPROVE YOUR CHANCES OF WINNING

• Wear conservative, clean clothing in good repair and be well groomed. Dress as if you are going to church.
• Prepare in advance. Write down the points you want to make so they are clear and in logical order; 
• Bring all your supporting documents with you, including cheques, invoices, receipts, photographs, expert reports, contracts, warranties, broken objects or whatever is needed to show your losses and establish what the loss is worth in dollars as best you can;
• If you wish witnesses to be heard, bring them with you. Do not coach them or give them memorized speeches. Simply ask them to tell what they know in their own words about the matter. The judge can and probably will question them and you;
• Take your time. Speak clearly, slowly and be direct. Tell the court what damages you have suffered and what they have cost you. Be prepared to prove the damages with receipts, estimates, photos or other proof.

DECISIONS

When the judge is satisfied that he has heard all that is necessary, he will either render a decision right then and there or reserve the decision to a later date. If the decision is reserved it means the judge wants to think about the decision and you will get a notice informing you if of the outcome in the near future.

YOUR HOMEWORK INVOLVES

In order to successfully sue in Small Claims Court, you must do your homework. You need to look at the rules concerning procedures for filing Claims, Defences, etc.  You must meet the stipulated time limits, obey the rules for service and proof of service of documents. You will need to have an understanding of Default Judgments and the proceedings. The court will hold a mandatory Settlement Conference which may lead to an offer to settle. A reasonable Offer to Settle that is rejected by a party may be faced with cost consequences.

You need to have all your evidence available at trial. Read up on trial procedures. You will also need some understanding of what costs you can ask for, the reimbursement of costs and how to go about enforcing your judgment. 

Small claims trials are adversarial in nature which means that there will be a winner and a loser. Judges usually permit very informal procedures and take an active role in questioning the parties to get to the facts. Judgments are awarded on the balance of probabilities (who's story is more beleivable and what most likely happened). 

  HOW TO COLLECT ALL THE MONEY OWING TO YOU

No matter how careful we are, occasionally everyone gets taken by a deadbeat or stuck with shoddy workmanship or products. Invoices go unpaid. Collection letters and phone calls go unanswered. Sometimes people just won't pay your bill. So what can you do?

Sometimes the only way to collect what is owing to you is to sue. So when all else fails, don't just write off that debt, take them to court, but first make sure they have assets or an income. There is no point suing if you cannot collect.

Small Claims Court, with a claims limit of up to $25,000, (limit varies by province) is an easily accessible self-help remedy designed to make it worthwhile for individuals and small business to pursue accounts without a legal representative, but you need to do your homework and learn how best to use this valuable tool.

FEELING OVERWHELMED? 

If you have no experience or simply want to maximize your chances of winning, use a Paralegal. Paralegals are very fluent in Small Claims Court Proceedings and have the knowledge it takes to prepare, present and win your case.   

Use a paralegal from our firm to ensure the best possible chance of success throughout your proceedings.

RULES OF THE SMALL CLAIMS COURT & FORMS

http://www.ontariocourtforms.on.ca/