The Ontario Justice system is appropriately organized and the Toronto small claims court is an integral part of the system that ensures that justice is done in any financial matter or for the return of property that is valued at $25,000 or less (not including interest and costs).
The court which is housed in an office complex on the southeast corner of Yonge and Sheppard is committed to delivering justice, but there are essential things you need to know if you have any reasons to use it. Here, we will consider 6 of such things.
The Lawsuit/Claim Must Fall Under the Two Acceptable Categories
The lawsuit entertained in Toronto Small Claims Court is known as a claim and is expected to fall into two categories. It should either be claimed for money owed under an agreement such as unpaid rent, loans, and accounts for goods/services sold/delivered; or claims for damages such as personal injury, breach of contract, and property damage.
You Have Different Options in Terms Representation
In a small claims court, you have different options when it comes to representation. You can hire a lawyer if you can afford to pay him/her. You can also hire a paralegal if you can afford his/her services. You also have the option of self-representation when you are sure you can do it.
There Are Time Limitations to Making Claims
There is a timeframe allowed between the time an incident occurred to the time you can file a claim. Usually, you are expected to file a claim not later than two years after the occurrence of the incident or breach you are filing for.
Filing Fees Differs
Individuals that file 10 or more claims in a calendar year are called frequent claimants and are required to pay more than those that file less than ten times in a year (infrequent claimants). For filing a claim, a frequent claimant will pay $200 while an infrequent claimant will pay $95. There are differences in some other fees too.
You May Request For a Fee Waiver
Most fees in small claims court can be waived if you cannot afford to pay them. You will have to request for the costs to be waived and if you meet the criteria, a fee waiver certificate will be given which you can use whenever the fee is payable.
A Settlement Conference Will Precede a Trial
If a defense is filed in a small claims court process, the next step is a mandatory settlement conference where you can agree on a settlement. It is only when an agreement is not reached during the settlement conference that you can request a trial.
The Toronto small claims court process can be smooth when you know what to do and how to do it. Seek legal advice if you feel you need it.
Do you need an experienced paralegal to represent you at a Toronto small claims court? Contact us today at Civil Litigations Paralegal Services. We will offer you the very best of representation. You have an error in your SQL syntax; check the manual that corresponds to your MariaDB server version for the right syntax to use near ‘AND ba.deleted != 1 AND bb.deleted != 1’ at line 1