Discover the Small Claims Court and Why Legal Representation Is Recommended

Written By:  Daniela Romeo

Posted: June 5, 2024   3 minute read

The Small Claims Court serves an essential function within our legal framework, offering individuals and small businesses a pathway to resolve legal disputes involving amounts up to $35,000.00.

Governed by the Rules of the Small Claims Court, O. Reg. 258/98, these regulations are organized into sections for clarity. Familiarizing oneself with procedures such as filing a plaintiff's claim, proper service methods, offers to settle, witness lists, motions, trial protocols, and enforcement procedures is essential for effective navigation of the court system.

Similar to other legal entities, the Small Claims Court imposes a 2-year time limit for filing claims, although specific regulations or legislation may impose shorter limitations. Therefore, consulting with a legal professional to understand the specific limitations and rights relevant to one's case is recommended.

Various factors may prompt individuals and small businesses to pursue resolution through the Small Claims Court, including unpaid invoices, contract disputes, employment disagreements, promissory notes, and seeking damages recovery or Landlord and Tenant Board enforcement to name a few.

Before initiating a Small Claims case, there are several considerations worth contemplating:

• Is mediation a viable option to resolve the dispute?
• Have attempts been made to amicably settle the disagreement?
• In the event of a successful claim, does the opposing party possess the financial resources to fulfill the judgment?
• Does the timeframe fall within the statute of limitations for filing a claim?
• Does the claim fall within the monetary jurisdiction of the Small Claims Court?

If these questions have been addressed and you're prepared to proceed, the next step involves initiating a Plaintiff's Claim.

If you've been served with a Plaintiff's Claim, it's essential to act swiftly. You have only 20 days to file a Defence and prevent default judgment. Seeking legal advice promptly will help you understand your options fully and the importance to filing a Defence, even when you agree, you owe the debt.

Next Steps-

The subsequent stage in the legal process is the mandatory Settlement Conference, conducted confidentially. This presents an opportunity to resolve the dispute before trial, requiring an open-minded approach and a commitment to negotiating in good faith. If the matter remains unresolved after the Settlement Conference, the next step is proceeding to Trial.

A trial is a public forum where both parties present their respective arguments before a judge. During the trial, the judge listens to the testimonies of the parties and their witnesses, carefully considering the evidence presented. After careful consideration, the judge will render a decision based on the evidence, relevant laws, and precedents, using their discretion. This implies that the outcome rests on the judge's judgment and may or may not align with the desired outcome of either party.

For more information about the Small Claims Court and the intricacies of the legal world do not hesitate to Reach out to us today!

Disclaimer: The content of this article/blog are provided as a general introduction and overview of a legal topic only. This article/blog does not provide legal or other professional advice, nor does it express any opinion. It is recommended to consult a legal professional before making decisions based on your specific circumstances.

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