Small Claims Court can hear
cases for money or the return of property valued at $35,000 or less.
Published by Paragon Legal Services on November 15th, 2021.
Small Claims Court is a faster and less expensive way
of resolving
legal problems than going to the higher courts
where people can resolve relatively minor legal problems. In addition to your
claim amount, you can ask for interest on unpaid debts and the imbursement of
your costs for bringing the lawsuit.
You can sue that person or business in Small Claims
Court for $35,000 or less. Anything over that must be filed at the Superior
Court of Justice. If what you are owed is more than $35,000, you can still file
in Small Claims Court if you are willing to waive the amount over what is owed.
Contact our qualified professional
to assist in resolving your claim today!
Breach of contract
If you had an oral or written agreement with someone who failed to deliver specific tasks or commitments you can bring a lawsuit for financial loss as a result of a broken contract.
You may
also sue for financial loss arising from the inferred
assurances of quality or performance caused by malfunctioning merchandise.
Claims can include:
∞ unpaid
wages
∞ amounts
owing for goods or services purchased
∞ unpaid
loans
∞ unpaid
rent
∞ property
damage
To begin a case in Small Claims Court,
you must draft and issue a Plaintiff’s Claim. If the Plaintiff’s
Claim is based in whole or in part on a document, a copy of the
document shall be attached to each copy of the claim. If the document is
unavailable, the claim shall state the reason why the document is not attached.
Our certified
expert can offer advice on submitting your claim.
The Plaintiff’s Claim should include
the following:
- full
names of the parties to the proceeding
- the
capacity in which they sue
- nature
of the claim with details, including the date, place and nature of the
occurrences on which the claim is based
- amount
of the claim and the relief bidden
- full name,
address, telephone number, fax number and Law Society of Upper Canada
registration number (if any) of the party representing the Plaintiff
- if the Plaintiff is self-represented, the
Plaintiff’s full name, address, telephone number and fax number
- The
address or addresses where the Plaintiff believes the Defendant or
Defendants may be served
Settlement Conferences are mandatory and are
automatically scheduled by the courthouse for every defended action within 90
days after the first Defence filed. This takes place before a deputy judge to
provide an opportunity for both parties to explain their side and to receive an
opinion from that deputy judge regarding the strengths and weaknesses of their
respective cases. This exercise is to encourage both parties to resolve their
dispute, and ultimately to fully settle the matter, avoiding
the need for a trial.
