BREACH OF CONTRACT

2021-11-15

BREACH OF CONTRACT

2021-11-15

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.

 

For advice and assistance with a Small Claims Court matter, contact our certified specialist at Paragon Legal Services.