What is Small Claims Court?
The Small Claims Court is a branch of the Ontario Superior Court of Justice that deals with disputes involving claims up to $35,000. This court is specifically created to help people resolve their legal issues quickly and with less formality than higher courts. It is an ideal venue for parties seeking to recover debts, settle contract disputes, resolve issues related to property damage, etc.
The Ontario Small Claims Court is designed to be accessible to self-represented litigants. However, we at Small Claims Solutions understanding that some steps can be more daunting than others. We are here to help with the parts that you need help with.
Eligibility and Limitations
Before you decide to pursue a Claim, it's important to ensure that your case qualifies for Small Claims Court. Our team can help you answer this question. The key points to know are that:
The maximum amount you can claim is $35,000. If your claim exceeds this limit, you can either pursue your case in Superior Court, or you can choose to limit your claim to $35,000.
Small Claims Court only handles matters that relate to claims for money and/or the return of personal property.
The Process of Preparing a Claim
Preparation: Gather all relevant documents, evidence, and information that supports your Claim. Our team at Small Claims Solutions will help you determine if you have gathered all the right materials.
Drafting/Filing: We can draft the Claim and file it on your behalf. The Claim must be filed with the local courthouse, and there is a court filing fee.
Serving the Defendant: After filing, you must serve the defendant with a copy of the Claim. We will walk you through this part.
Next steps: Next steps after serving your Claim will vary depending on how the Defendant responds. Possible next steps include a settlement conference and/or trial.
Tips for Success in Small Claims Court
Here at Small Claims Solutions, we are available to assist you with the parts of your case that you require help with. To the extent that you choose to handle any part of the case on your own, our tips for success include:
Be Organized: Keep all your documents and evidence well-organized; this will help you present your case clearly.
Stay Professional: Maintain a respectful demeanor in court, as this can positively influence the Deputy Judge’s perception of your case.
Take the possibility of settlement seriously: Before starting your Claim, consider a canvassing a resolution with the other side. Many disputes can be resolved amicably without the need for court. And once you have started a Claim, take advantage of the required step of attending a settlement conference. Do not brush off the settlement conference as unimportant. You just might be able to resolve your dispute more quickly than you think!
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