Small claims Court

What you need to know!

There is a two-year limitation to file a Small Claims application in most matters.

     What does this mean?

• It means that if you do not file within two years of the “cause of action” then you are unable to pursue it in Small Claims Court.
• There are exceptions to this rule and it is always best to seek legal advice as soon as possible.

Monetary Limit of Small Claims Court is $35,000.00

     What does this mean?

• If you are asking for more than $35,000.00 you must file under Superior Court of Justice.
• If your claim is over $35,0000.00, you have the option, if you are willing, to waive any amount over $35,000.00 and bring the claim into the jurisdiction of the Small Claims Court.

Why would you go to small claims court?

A few of the more popular reasons are:

• Unpaid invoices
• Contract disputes
• Employment disputes
• Promissory Notes
• Enforcement

**This is not an exhaustive list of reasons**

Before you file your claim

Before you file your claim consider:

• Is mediation an option to resolve the issue?
• If you “win” your claim does the other party have the funds or ability to pay you?
• Have you made any attempts to resolve the issue amicably?
• Are you within the two-year limitation period?
• Is your claim under $35,000.00?
• Are you filing in the correct jurisdiction for your dispute?

If you have answered those questions and are still prepared to proceed to file in the Small Claims Court, your next step is to file a Plaintiff’s Claim.