Small Claims Court

All civil lawsuits for $25,000.00 or less, in Ontario must be commenced in the Small Claims Court that has jurisdiction over these claims.

Common Types of claims include the following:

• Unpaid debts
• Property damage
• Business disputes
• Disputes involving deposits on real estate deals
• Collection of overdue accounts
• Personal injury

To initiate a Small Claims action, the person who is called a “plaintiff” must fill out the prescribed court form, setting out the reasons and the facts that support the claim, and file it in the appropriate court office. A fee must be paid at the time the claim is filed. This is called “issuing a claim”.

After the claim is issued, it must be “served” on the opposing party, who is called the “defendant”. Generally, service must be made personally by giving the claim to the defendant or the defendant’s legal representative. Sometimes, alternative methods of service can be used.

If the defendant wishes to dispute the lawsuit, the defendant must complete and file a defence with the court, in the prescribed form, setting out why the plaintiff’s claim should be dismissed. There is a fee that must be paid to the court on filing a defence.

After the above procedure is completed, the parties will eventually be required to attend a mediation session at the court office, called a “pre-trail conference”. Here the parties will meet with a mediator, who is often a judge of the court, to discuss the issues and to attempt to settle the dispute.

If a claim is not settled, a trial will be scheduled and all parties will have to be ready at that time with their witnesses, evidence and relevant documents. Formal rules of evidence are applied and all parties will have to set out their evidence and will be given the opportunity to cross-examine each other’s witnesses. A judge will then hand down a ruling, making a decision in the case.

Precedent Paralegal will assist you in all aspects of a Small Claims matter, whether you need to institute a claim, or in the event you require a vigorous defence to a claim made against you. We can help you navigate what is often a complex, time consuming and frustrating experience. Our expertise in drafting claims and defences and advocating for our clients throughout the entire process, including representing them at the trial, gives our clients peace of mind with the full knowledge that they will receive professional and effective legal services at a reasonable price. We aim to provide you with cost-effective solutions to your legal needs.