The Ontario Small Claims Court is a branch of the Ontario Superior Court of Justice which deals with civil litigation claims of a monetary value of up to $35,000.
The Small Claims Court can order a monetary payment of damages or the recovery of possession of personal property where the amount claimed does not exceed $35,000, excluding interest and costs such as court fees.
Some examples of claims that can be filed in the Small Claims Court include claims for:
· money owed to one individual or business by another individual or business based on a contract or promise to pay;
· damages to property as a result of another individual or businesses actions, including negligence;
· damages to personal or professional reputation arising from defamatory statements, including statements made on social media;
· personal injuries arising from dog attacks, substandard workmanship or property maintenance;
· damages arising from incomplete or substandard work performed by an individual or business;
· wrongful dismissal from employment;
· the return of personal property wrongfully in the possession of an individual or business.
The Small Claims Court is governed by the Rules of the Small Claims Court, which sets out the process by which a claim is commenced and proceeds to completion. These Rules are intended to move claims of up to $35,000 to an expedient conclusion, without many of the requirements of the Rules of Civil Procedure used in Superior Court.
Despite the monetary jurisdiction and summary nature of the Small Claims Court, the outcome of a claim will be determined by the same Statute guidelines and common law principles as a similar claim for a higher amount in the Superior Court.
Often, claims or defences brought before the Small Claims Court without representation face delays or even failure as a result of a self represented parties lack of knowledge of the relevant legal issues or the processes involved in the case.
Croft Radan LLP provides affordable representation in Small Claims Court to ensure that your interests are protected and presented in an effective and successful manner.