FAQ
Small Claims
What is a "small claims court" in Ontario?
Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes involving claims of $35,000 or less. It is designed to be a quick, cost-effective, and simplified process for individuals and small businesses to resolve their legal disputes. In Ontario, the Small Claims Court has jurisdiction over a wide range of disputes, including: Contract disputes, such as unpaid invoices or breach of contract claims; Property damage claims; Negligence claims; Debt collection; Landlord and tenant disputes; and Claims for the return of personal property. The Small Claims Court process is intended to be accessible to self-represented individuals, but it is always recommended to seek legal advice before proceeding with any legal action. Overall, Small Claims Court provides a relatively quick and affordable way for individuals and small businesses to resolve their legal disputes without the need for lengthy and expensive litigation.
Who are the participants of a small claims matter?
The participants in a small claims matter in Ontario can vary depending on the specific case, but generally, the parties involved are the plaintiff (the person or business bringing the claim) and the defendant (the person or business being sued). In some cases, there may be additional parties involved, such as third-party defendants or intervenors. The plaintiff is the person or business who initiates the claim and is seeking a remedy from the court, such as payment of a debt or compensation for damages. The defendant is the person or business who is being sued and is defending against the claim.
What kind of legal services can paralegals provide in a small claim matter?
Paralegals in Ontario are licensed to provide legal services in specific areas of law, including Small Claims Court matters. Here are some examples of the legal services that a paralegal can provide in Small Claims Court: Legal Advice: Paralegals can provide legal advice to individuals and businesses on their rights, obligations, and options in small claims matters. They can help clients understand the legal process and assess the strength of their case. Representation: Paralegals can represent clients in Small Claims Court, including drafting pleadings, attending court hearings, and negotiating a settlement on behalf of their clients. They can also cross-examine witnesses and make legal submissions to the court. Document Preparation: Paralegals can assist clients with preparing and drafting legal documents required in Small Claims Court, such as pleadings, affidavits, and other court forms. They can ensure that the documents comply with court rules and procedures. Mediation: Paralegals can represent clients in mediation or assist them in preparing for mediation. They can help clients understand the mediation process and negotiate a settlement with the other party. Appeals: Paralegals can help clients evaluate the grounds for an appeal and represent them in the appeal process if necessary. ​ It is important to note that paralegals are not lawyers and cannot provide legal services outside of their licensed areas of practice. However, they can be a cost-effective and efficient alternative to hiring a lawyer for small claims matters.
What are advantages of paralegal services in a small claim matter?
There are several advantages to using a paralegal service for small claim matters: Cost-effective: Paralegals generally charge lower hourly rates than lawyers, making their services more affordable for individuals and small businesses. Focused Expertise: Paralegals are licensed to provide legal services in specific areas of law, including Small Claims Court matters. This means that they have a focused expertise in this area and can provide specialized assistance to clients. Time-saving: Paralegals can help clients navigate the court process and prepare documents more efficiently than clients who represent themselves. This can save clients time and reduce the stress associated with small claims matters. Accessible: Paralegals are often more accessible than lawyers, as they tend to have more flexible schedules and may be available for consultation outside of traditional office hours. Personalized service: Paralegals often provide more personalized service to clients, as they tend to work with smaller caseloads and can provide more individualized attention to each client. Overall, paralegal services can be a cost-effective and efficient way to obtain legal assistance in Small Claims Court matters. However, it is important to ensure that the paralegal is licensed by the Law Society of Ontario and has the expertise and experience necessary to handle the specific matter.
How do I file a case in small claims court?
To file a case in small claims court, you generally need to complete the required forms provided by the court, pay the filing fee, and submit the forms to the appropriate court clerk. The forms typically require you to provide details about your claim, the parties involved, and the amount of money being sought.
What happens after I file a case in small claims court?
After filing a case, the court will typically schedule a hearing date and notify all parties involved. The parties will have an opportunity to present their arguments, evidence, and witnesses during the hearing. The judge or magistrate will then make a decision based on the evidence presented.
What is the monetary limit for small claims court?
The monetary limit for small claims courts varies depending on the jurisdiction. It typically ranges from a few thousand dollars to tens of thousands of dollars.
How does the small claims court process work?
The small claims court process involves presenting your case before a judge or a commissioner. Each party has the opportunity to present their evidence, witnesses, and arguments. The judge or commissioner will then make a decision based on the evidence and applicable laws.