Small Claims Court

About the small claims court

In Ontario, the Small Claims Court is a branch of the Superior Court of Justice. It deals with civil disputes of a monetary value of up to $25,000.

The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees. This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are.

Examples of claims that can be filed in the Small Claims Court include:

1. Claims for money owed under an agreement:

• unpaid accounts for goods or services sold and delivered
• unpaid loans
• unpaid rent
• NSF cheques; and

2. Claims for damages:

• property damage
• clothes damaged by a dry cleaner
• personal injuries
• breach of contract

JUSLAW can help you with the following legal issues

• You are looking to sue someone for a debt under $25,000;
• You have been sued and need help with defending a lawsuit;
• You need help from someone specializing in this area of law;
• You want to be educated about court procedure so that you increase your chances of success

JUSLAW will do the following legal work for you if retained:

1 .Draft and file pleadings (Plaintiff’s Claim and Defence)

We will review, analyze and discuss your documents with you. We will discuss the necessary strategy for pursuing your claim including naming the defendant, where to file, how to draft the wording, etc. We will proceed to implement the strategy by drafting a strong and convincing claim or defence. We will send you the claim or defence for your review and approval and implement any revisions you may deem necessary. Once the draft claim or defence is approved we will discuss any outstanding items such as documentary evidence to attach to your claim or evidence, and once instructed will proceed to arrange filing of your claim or defence.

2. Prepare and attend Settlement Conference

A Settlement Conference is an off the record, or without prejudice, meeting of the parties with their representatives in court to see if the matter can be settled or the issues narrowed. It is facilitated by a deputy judge of the Small Claims Court who will not be the trial judge. The judge does not provide legal advice. The settlement conference is very important to you. In many occasions, small claim cases are settled through a mandatory settlement conference.

3. Represent you in a Trial hearing

While many cases settle at or after the Settlement Conference, when they do not, then the parties present their cases and evidence before a deputy judge who renders a final decision, or judgment. JUSLAW legal professional are all experienced to fight for your case and obtain a final judgement which will be in favour of you.

4. Preparing following documents if needed:

• Plaintiff’s Claim
• Affidavit for Jurisdiction
• Defendant’s Claim
• Defence
• Affidavit of Service
• List of Proposed Witnesses
• Request to Clerk
• Default Judgment
• Notice of Motion and Supporting Affidavit
• Certificate of Judgment
• Notice of Examination
• Notice of Garnishment
• Notice of Garnishee Hearing
• Writ of Seizure and Sale of Lands
• Writ of Seizure and Sale of Personal Property