Small Claims

Going to Small Claims Court can be a daunting task for some. Haseeb Ullah Licensed Paralegal will help you every step of the way. From preparing all your paperwork, filing your claim, settlement conferences and trials – I will help you from start to finish.

The Ontario Small Claims Court has a monetary jurisdiction of up to $35,000, excluding interest and costs such as court fees. If your amount exceeds $35,000, then you can still file a claim, however you will not be able to claim for over the allowable limit.

The types of cases, which are accepted by Small Claims Court

Claims such as the following can be filed at the Small Claims Court:

Claims for money which is yet to be paid under an agreement:

  • Unpaid charges for goods and services which have been sold or delivered
  • Unpaid loans
  • Unpaid rent
  • NSF cheques

Claims for damages:

  • Property damage
  • Clothes damaged by a dry cleaner
  • Personal injuries
  • Breach of contract

How To Sue In Small Claims Court

Preparing the Plaintiff's Claim

This is the initial document that is required to start the claim. It is imperative that this is completed with all the relevant facts and details. The courts will file this form and henceforth it will be given to each party or business involved in the claim.

What to know about time limitations

There is a maximum waiting span before making a claim. In most cases, a claim can’t be filed if it crosses a span of two years since the incident. If you are unsure about the limitation period which is applicable in your case, it is important that you refer to the Limitations Act.

Serving the claim

The information that you have gathered will be used to complete your Plaintiff’s Claim form. This claim will need to be delivered to the defendantin consideration.

Gather your evidence

Having the right supporting documentation is very important, this will assist in proving your case. In case if you fail to provide the supporting documents (as mentioned during a verbal agreement) or if your witnesses do not arrive, you will still win the claim. However, If the claim is just based your word against opponent party, it may become difficult for you to win the case.

 

Types of evidence which can go in favour of your claim include:

  • The contract
  • Written documentation
  • A record of any payments
  • Returned cheques
  • Photographs of any type of property related damage

The opponent party against whom you have filed the case will be given the opportunity to showcase a chronology of events according to their version while responding to the claim you have filed.

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