Small Claims Court (SCC) in Ontario is a branch of the Superior Court of Justice and deals specifically with civil disputes. The monetary jurisdiction of Small Claims Court is currently up to $25,000 and the cases are heard by Deputy Judges. The process of a small claims matter can be extremely time consuming and many rules apply. Failure to follow the rules and adhere to the specific time lines can lead to a dismissed claim.
What is a Civil Dispute?
A civil dispute is a legal disagreement between or among individuals or organizations. Civil disputes may take the form of claims related to personal injury (within the monetary jurisdiction of the SCC), breach of contract, debt owed, repair costs and the list can go on. Some examples of the parties to a civil dispute are:
- Home owner vs. Contractor
- Supplier vs. Distributor
- Home buyer vs. Real Estate Agency
- Purchaser vs. Car Dealership
- Private Citizen vs. Private Citizen
Fees for Small Claims Court
Court filing fees for Small Claims Court were recently revised and in most cases have increased. Some individuals may qualify for a fee waiver depending on their financial situation. The court will review the specific circumstances and determine eligibility for a fee waiver. The resources below offer additional information about the current fees.
Do I have a Claim?
Sometimes individuals legitimately believe they have a claim, and this may be so. However, very often personal emotions get in the way of making a proper judgment. It is always advisable to meet with a legal professional and have your case properly assessed.
Defending a Claim
If you have been served with a claim, it generally means that you are being sued. Failing to respond to the claim would result in a default judgment against you. You have twenty (20) days from the day after being served, to respond with a defence. Speak with a legal professional to determine what kind of defence you may have and what your next steps should be.
Every situation is different. At Bulwark Legal Services we provide free consultations for small claims as well as traffic tickets. You can go to our website to learn more. We will help you decide the right course of action to take.
By Amanda J. Edwin
