The COVID-19 pandemic invaded many aspects of people’s life. The justice system is one of them. Delays in bringing traffic court cases to a speedy conclusion become more and more common. The public health requirements to limit the spread of the infection are the main cause of these delays. The Canadian Charter of Rights and Freedoms provides […]
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Controlled Drugs and Substances Act. This Act of federal legislation describes the offence and punishment. In addition, it lists drugs that are illegal in Canada.
Shoplifting is a colloquial term for theft in a retail store. The Criminal Code of Canada doesn’t have a special “shoplifting” provision. However, those accused of shoplifting are charged under s. 322 of the Code. This section deals with theft. Theft occurs when a person takes another person’s property and puts it to their own […]
Criminal Code of Canada, section 380(1)(b) Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam. quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit […]
“Assault” is a word we commonly use. Each of us has an understanding of what it means. Typically, when we think about the assault, we imagine someone punching or kicking another person. So, of course, this is an assault. First, however, we should begin by clarifying what “assault” means under the Criminal Code of Canada. […]
Formal Definition of Dangerous Driving Dangerous driving is a criminal offence. The Criminal Code of Canada describes it as operating “a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated […]
Choosing a representative in a criminal matter is an important and stressful decision. After paralegals became licensed in 2008, Ontarians can now select the class of representatives. So, a lawyer or paralegal? First, consider the type of criminal case. First off, the choice depends on the nature of the case. Paralegals can represent defendants in […]
In this article, we would like to discuss the fundamental principles of our criminal justice system. There are many memorable statements regarding these principles, such as “innocent until proven guilty.” What we would like to do is give these statements meaning and explain their practical outcomes. Four major principles form the basis of Canadian criminal […]
Specifics of the eviction process The Residential Tenancies Act (the Act) sets basic procedures for tenant evictions. However, these procedures are highly technical. Apparently, the legislator wanted to provide tenants with safeguards against arbitrary evictions. Legal technicalities accompany each step of the eviction process. The Act limits grounds for eviction. In addition, the landlord must […]
Eviction notice – 14 days As soon as you know that the tenant has not paid rent, you may give the tenant an eviction notice. The notice gives the tenant 14 days to pay or move out. Eviction application If the tenant does not pay rent or move out according to the Notice, you can […]
Eviction Ontario is regulated by the Residential Tenancies Act. Please click on the link and read its parts related to the eviction. You don’t need much time to see that eviction rules are complex and highly technical. The legislation is specifically designed to give tenants as much protection as possible, even with an apparent reason […]
A landlord must get an eviction order from the Landlord and Tenant Board to get the tenant out. Fast tenant eviction is essential. Therefore, the faster the Board hears the landlord’s eviction application, the quicker the tenant is evicted. The current time from filing an eviction application to the hearing is about six to eight […]
We discuss common questions associated with persons or corporations from the US, China, the UK or elsewhere suing or enforcing judgments in Toronto Small Claims Court or in any other Ontario Small Claims Court.
We discuss failed real estate transactions and circumstances of the seller keeping, or the buyer claiming, the real estate deposit in Small Claims Court.
The Function of the Small Claims Court The Small Claims Court is a forum to reduce the strain of civil litigation on the Superior Court of Justice in Ontario. This cour implements the simpler and more efficient resolution of relatively minor disputes. These are disputes where no more than $35,000.00 worth of cash or property […]
The legal framework governing commercial tenancies – leases of offices, warehouses, production facilities and other business premises – is different from the framework that governs residential tenancies in several key ways. Legislation and jurisdiction First, commercial and residential tenancies are governed by the Commercial Tenancies Act and Residential Tenancies Act. The two acts vary in […]
Disputes over construction, renovation, landscaping or other such work are the most common cases in the Small Claims Court. Undoubtedly, their success very much depends on proper actions at the very early stages of the conflict. Our practice shows that a homeowner is often somewhat at a loss when she or he faces contractor work […]
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We discuss what a small claims court motion is and its basic process, as well as common types of motion hearings, such as motion to adjourn, set aside a default judgment, produce documents, or dismiss the small claim.
Review the contract first. No matter whether you are a plaintiff or defendant in a small claims court matter about a breach of contract. The first step is, of course, to review the contract itself. From there, you would look to determine the following: whether there are good grounds to sue, what a good claim […]
Personal lending and borrowing are widespread. For this reason, lawsuits for unpaid personal loans for $35,000 or less show up frequently in Toronto Small Claims Court. Promissory Notes in your Small Claims Court lawsuit If you lent money to another person and she or he did not pay it back, your best option is the […]
We discuss how domestic assault differs from common assault, the immediate consequences of a domestic assault charge, the consequences of a conviction of domestic assault, and how a paralegal can help with a charge of domestic assault.
The amount of legal fees is an important factor to consider before commencing legal action in Small Claims Court. This is, of course, very understandable. At the end of the day, retaining a legal representative is a business decision. Small Claims Court cases, criminal charges and landlord-tenant matters alike must get proper legal assessments. However, […]
This is really a question of two parts: Which type of court do I make a claim in, and Which particular courthouse do I file a claim in? So, let’s answer it in two parts. First: What court to chose In Ontario, the type of court you sue a person in depends on how much […]
Understandably, the Small Claims Court does not have the resources to inquire when every party is available for a court appearance. Accordingly, it happens with a fair frequency that one or both of them cannot attend a scheduled settlement conference. If you find yourself in that situation, here is what you should do to comply […]
Home renovation or reconstruction is one of the most common subjects for litigation in the Small Claims Court. For this reason, you need to think about possible litigation with your contractor pre-emptively. You should start gathering documents and other evidence before any dispute erupts. Hopefully, you will not need them in the future. However, if […]
Service of the plaintiff’s claim is one of the most important steps for the Small Claims Court procedure. Service means delivery of the claim to the defendant. The Rules of Small Claims Court are particular about it. Below, we answer some common questions about serving a plaintiff’s claim in the Small Claims Court procedure in […]
Here we discuss the instances when it is acceptable to make a claim for “moral damages”: damages for pain and suffering or mental anguish, and the other types of compensation that can be claimed for more subjective forms of wrongdoing.
An illustration of the elements of wrongdoing, causation, damages and their valuation, and damage mitigation, at least some or all of which may need to be proven in any small claims court case.
We talked before about how to collect on a Small Claims Court judgment. In this post, we take a closer look at the process of garnishment, which is a common and one of the most effective ways to collect your money. Here are the most common questions by creditors. 1. What is a garnishment? A garnishment […]
So you’ve won your hard-fought battle and got a judgment in Ontario small claims court against the person who owed you $35,000. But, judgment or no judgment, he’s not paying. What now? To collect money on a small claims court judgment, you can: 1. Garnish a bank account. If you know the debtor’s banking information […]
If I live in the States, under what circumstances do I have to sue a person in an Ontario small claims court? In Ontario, the plaintiff must sue the defendant in the Small Claims Court of the jurisdiction where the defendant resides or carries on business. So, if you are, for example, a resident of […]
If you’re being sued or are suing in small claims court by a corporation, begin with checking whether the corporation exists: non-existent corporations are like people who never lived, and litigating with non-existent entities is futile.
Who thinks about money while at a high point in a romantic relationship? In many, if not most serious relationships, partners freely give each other financial assistance. For example, a girlfriend helps her boyfriend to buy a new car. The boyfriend may lend a hand when his significant other is short on rent money. In […]
Undoubtedly, most landlords and tenants deal with each other peacefully and with a required degree of dignity. Well… The fact, nonetheless, is that the Landlord and Tenant Board looks like the busiest quasi-judicial body in the province. Conflicts between landlords and tenants are an unfortunate reality of everyday life. The Landlord and Tenant Board The […]
“A Bad settlement is always better than a good trial.” I would not agree with this phrase entirely—a settlement is not supposed to be good or bad. Instead, it must be acceptable for a party to a Small Claims Court proceedings. Nevertheless, it’s a good saying to remember, and people often repeat it in small […]
Borrowing money is an everyday reality for almost all of us. As a result, credit is an important part of our personal finances. So naturally, debts have a measure of risk for both lenders and borrowers. However, a third party often bears the risk that is no less than the lender or borrower – the […]
types of damages in the car accident cases Personally, I do not know any driver who has never been in a car accident. So, as one might expect, small claims related to car accidents are widespread in the Small Claims Court. But, of course, not all car accident cases end up in the Small Claims […]
Small Claims Court is, undoubtedly, a popular venue for disputes about construction and renovation. But, unfortunately, non-payment for these types of work and dissatisfaction with the job is all too common. Construction Lien Outside of the small claims court procedure, unpaid contractors often seek a construction lien to encourage payment from the customer. As a […]
A default judgment is one that is issued without a trial. In order to have it set aside, the defendant must file a motion and meet three requirements: a meritorious defence, a reasonable explanation for not filing a defence/missing the trial, and reasonableness of time within which the motion is filed. The Small Claims Court judge can then issue an order setting aside the default judgment and the matter will proceed as usual.
Dog attack cases in the Small Claims Court. Ontarians have lots of dogs. I never realized this until becoming a dog owner myself. Try to walk along a street in a residential area: there is a dog in every other house. I can now appreciate how much joy a dog can bring. However, at the […]
Garage Does not Give Your Car Back. Disputes regarding the repair of motor vehicles are widespread. It is hard to find someone who has not had an awkward conversation with a guy in blue denim at least once in a lifetime. Sometimes, it may be hard to understand why the car is still stalling while […]
Defamation According to Canadian law, defamation is any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public. Remedies for defamation In most defamation cases, a plaintiff claims two types of remedies: Defamation in the Small Claims Court How to prove defamation in the Small Claims […]
I have a debtor who owes me $36,500.00… and I have not seen my money yet. Question of the client “Long story short, I am tired of promises of paying back. This is why I see no option other than filing a lawsuit. There is a problem, though: the amount owing is more than I […]
Like other courts, the Small Claims Court, of course, collects fees for every step of the procedure that either party takes. The plaintiff’s (claimant’s) process begins with registering a small claim. The claim filing fee is $108.00. If the plaintiff and defendant do not settle the claim at the settlement conference, the Small Claims Court […]
The parking ticket is not a moving violation under the Highway Traffic Act. Therefore, it does not affect the driver’s insurance. For this reason, it is best to just pay these, or you can request a trial with Parking Tag Operations.
If you receive a traffic ticket, it may cause a record that may affect your insurance. However, if you dispute it in court, there is no record until the court case is over. Accordingly, if you fight the ticket, your insurance company does not see it immediately. The Ministry of Transportation creates a record of […]
It takes, on average, about a year. This varies among court locations, though: times are longer in the GTA. This time is significantly shorter in areas outside Toronto. At this time, the courts experience greater delays due to the COVID-19 pandemic.
Please try to contact our office two months before the trial date. This will give us enough time to request disclosure and prepare without having to adjourn the date. However, don’t panic if you missed this time: there are always fixes, even if your trial is tomorrow! If you are not sure about the date […]
I got a traffic ticket. Are there any deadlines I have to meet? Yes, of course. According to the Ontario Provincial Offences Act, you should request a trial should within fifteen days. However, please try to contact us within ten days of receiving your ticket so we can file it on time. We can help […]
I really appreciated your attention to details, your level of preparation which was impressive, and enthusiasm. I am really happy we have Spectrum Paralegal in our corner. Thank you for being the champion of our small claims court!
