Small Claims Court

Introduction

In Ontario, the Small Claims Court (SCC) is a branch of the Superior Court of Justice. It deals with civil disputes of a monetary value of up to $25,000 (Canadian) and has simplified rules and procedures. An example of a procedure, “If facilities for a telephone or video conference are available at the court, all or part of any of the following may be heard or conducted by telephone or video conference as permitted.”

If you are thinking of making a claim in Small Claims Court, or if you are already involved in a case ACPS will assist you with answers to your questions about the courts and provide an explanation of what happens in typical Small Claims Court cases.

What kinds of cases go to the Small Claims Court?

The SCC can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees. If the amount of your claim is more than $25,000, you cannot divide the amount of money you are claiming into separate cases but you can waive the difference, if you so choose to.

Here are a few examples of claims that can be filed in the SCC:

Court Fees Charged

You must pay a fee to file a claim or defence and for most steps in a proceeding, such as filing a motion, requesting a trial date or for taking steps to enforce a judgment when you have a case before the SCC.

Other fees you may incur during your case:

A party – often the successful party – can ask that the other party be ordered to pay his or her costs, such as court fees.

What proof do I need to support a claim?

You will have to prove your case and ACPS will help you to evaluate and consider what witnesses and/or documents you will require (for example, contracts, NSF cheques, record of payments). If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful.

The following is a list of services which ACPS provides so that you may achieve a positive outcome in your case, including but not limited to:

Don’t risk losing your case! Get the results you are seeking with the help of a licensed paralegal knowledgeable in Small Claims Court matters.
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Annette Chiappe Paralegal Services provides services to all of Ontario and may, if required, work with another qualified Licensed Paralegal specializing in Small Claims Court matters to keep your costs reasonable and fair when long distance arises.

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