SMALL CLAIMS COURT
In Ontario, Canada, the Small Claims Court is a branch of the provincial court system designed to resolve legal disputes involving smaller amounts of money. It provides an accessible and affordable forum for individuals, small businesses, and corporations to pursue claims without the need for extensive legal representation.
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Here are some key features and limits of the Small Claims Court in Ontario:
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Monetary Limit: The monetary limit for claims in the Small Claims Court is $35,000. This means that you can file a claim seeking compensation for up to $35,000, excluding interest and costs.
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Simplified Procedures: The Small Claims Court follows simplified procedures compared to higher courts, making it more accessible for individuals who do not have legal training. The rules are designed to be user-friendly, allowing parties to represent themselves without the need for a lawyer. However, you can still choose to be represented by a lawyer or Licensed paralegal if you prefer.
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Types of Claims: The Small Claims Court handles a wide range of civil disputes, including unpaid debts, breach of contract, property damage, personal injury claims, landlord-tenant disputes, and consumer protection matters. However, certain types of claims, such as defamation, title to real property, and complex family law matters, are not within the jurisdiction of the Small Claims Court.
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Mediation and Settlement Conferences: The court encourages parties to resolve their disputes through mediation and settlement conferences. Mediation is a voluntary process where a neutral third party (the mediator) helps the parties reach a mutually acceptable agreement. Settlement conferences provide an opportunity for the parties to discuss their issues and explore settlement possibilities with a judge or deputy judge.
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Representation and Costs: In the Small Claims Court, individuals and businesses can choose to represent themselves or hire a lawyer or paralegal to assist them. Unlike higher courts, the general rule is that each party is responsible for their own legal costs, regardless of the outcome. However, there may be exceptions to this rule, such as when one party has acted in bad faith or when a specific statute allows for the recovery of legal costs.
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Timelines and Enforcement: The Small Claims Court aims to provide timely resolution of disputes. Typically, parties are required to adhere to strict timelines for filing documents and attending court hearings. Once a judgment is obtained, the successful party may need to take steps to enforce the judgment if the other party fails to pay voluntarily.
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Unpaid Invoices
Unpaid invoices can cause significant financial strain and disrupt your business operations. Whether you are a small business owner or an individual, our experts are skilled in resolving such matters efficiently. We can assist you in recovering the outstanding amounts owed to you through various legal avenues, such as negotiation, mediation, or, if necessary, litigation.