If your dispute is under $35,000.00, you can sue for money or the return of property in Ontario's Small Claims Court. The Small Claims Court is a branch of the Ontario Superior Court of Justice. If you're looking to sue an individual or business in Small Claims Court, your claim should fall into one of these categories:
1. Claims for money owed under an agreement, such as,
-unpaid accounts for goods or services sold and delivered
-unpaid loans
-unpaid rent
-NSF (non-sufficient funds) cheques
2. Claims for damages, such as,
-property damage
-clothes damaged by a dry cleaner
-personal injuries
-breach of contract
If you want to sue for more than $35,000.00, you will have to take your case out of Small Claims Court and into the Superior Court of Justice.
If you're looking to initiate a lawsuit in Small Claims Court, you would want to make sure that you have all the facts and evidence in support of your claim. You need to know of the time limitations involved with starting a claim at Small Claims Court. Generally speaking, the limitation period is two years since the date of the incident.
A plaintiff's claim can be filed either online, in person, or by mail. There is a fee for filing a claim. After you initiate your lawsuit, you will need to serve the defendant with your claim.
At Key Legal, you can request a consultation with a lawyer with respect to your Small Claims Court matter. A lawyer can assist you with drafting pleadings, how to serve your claim, how a lawsuit process works, or even represent you in the different steps of a small claims lawsuit, such as the settlement conference or trial.
If you've been sued at Small Claims Court, you may be looking for a lawyer to defend you. While you can file your defence yourself, it may be better to have a lawyer review the defence and go over the facts and evidence with you. A lawyer may discover details of the claim or procedural irregularities that you may not be aware of but that could help in your defense. Do not ignore a claim, as the plaintiff can get default judgment against you.
If you obtain Judgment at Small Claims Court, you may be wondering how to enforce your Judgment. Contact a lawyer to discuss your options for enforcing judgment and getting what you deserve.
At Small Claims Court, there are certain circumstances where you may be able to appeal a judge's decision. This appeal will take place at the Divisional Court. It is important to consult a lawyer to be able to figure out what evidence you are able to present at the Divisional Court. Generally speaking, the court on appeal will only look at what was said and done at the Small Claims Court trial to determine whether or not the appeal is successful.
Ready to get started? Key Legal has Ontario Small Claims Court Lawyers ready to help you either through Zoom meetings or by telephone. You can either book an appointment or request a lawyer on-demand. Just use our booking page or our chat feature to get started!
