Ontario Small Claims Court is intended to provide a more accessible forum for certain civil disputes. It may hear claims involving money or the return of personal property valued at up to $50,000. Although the process is generally less formal than proceedings in higher courts, parties must still follow the applicable court rules, procedures, and deadlines.
Before a Claim Is Started
Before beginning a case, a potential claimant should consider:
- Whether the claim falls within the court’s jurisdiction
- Who the correct defendant or defendants are
- What evidence supports the claim
- Whether the defendant is likely able to satisfy a judgment
- Whether a limitation period may apply
- Whether reasonable settlement efforts have been attempted
Starting a Claim
A plaintiff generally begins a case by preparing and filing a Plaintiff’s Claim. The claim should identify the parties, explain the relevant facts, and describe the money or other remedy being requested.
After filing, the claim must be served according to the Rules of the Small Claims Court. Documents may be filed online, by mail, or in person where permitted.
Responding to a Claim
A defendant who disputes all or part of a claim generally needs to prepare, serve, and file a Defence explaining which allegations are disputed and the basis for that position.
Response requirements and deadlines are important. Carefully review the documents received and consult the current court rules or obtain legal assistance promptly.
Default Proceedings
If a defendant does not respond as required, the plaintiff may be able to take steps toward obtaining judgment without a defended trial. The procedure depends on the nature of the claim and any required court process.
Judgment is not necessarily automatic. The plaintiff must still follow the required procedure and may need to establish entitlement to the requested remedy.
Settlement Conference
Many defended cases proceed to a settlement conference before trial. Its general purposes include:
- Identifying the central issues
- Encouraging settlement
- Discussing the parties’ evidence
- Narrowing the dispute
- Preparing the parties for trial if settlement is not reached
Motions and Other Court Steps
A motion may be required when a party asks the court for a procedural order before trial. The appropriate process depends on the requested order, the stage of the proceeding, and any court directions.
Trial
At trial, each side presents relevant evidence and explains its position. Witnesses may testify, documents may be introduced, and parties may question witnesses. The judge hears both sides and makes a decision based on the evidence and applicable law.
Trial Preparation Checklist
- Organize relevant documents
- Prepare a clear timeline
- Identify necessary witnesses
- Bring copies of the evidence
- Understand the requested remedy
Judgment
The judge may give a decision at the hearing or provide it later. A judgment determines the parties’ legal rights and obligations regarding the issues decided by the court.
Enforcement
The court does not automatically collect money for the successful party. If payment is not made voluntarily, further enforcement steps may be required.
Depending on the circumstances, enforcement may involve garnishment, seizure and sale, or an examination hearing.
When Professional Assistance May Help
- Identifying the proper party
- Drafting or responding to a claim
- Assessing the evidence
- Preparing for a settlement conference
- Preparing witnesses and documents
- Dealing with procedural issues
- Representation at eligible Small Claims Court proceedings
- Understanding enforcement options
How Insaf Legal Can Help
Depending on the circumstances, Insaf Legal may assist with:
- Claim review
- Document preparation
- Responding to a claim
- Settlement discussions
- Hearing preparation
- Representation in eligible Small Claims Court matters
- Explaining available enforcement options
No particular outcome or recovery can be guaranteed.
Let’s discuss your case.
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