Small Claims

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.

By: Spectrum Paralegal
July 22, 2013

So you’ve won your hard-fought battle and got a judgment in Ontario small claims court against the person who owed you $25,000. Judgment or no judgment, he’s not paying. What now? To collect money on a small claims court judgment, you can: Garnish a bank account. If you know the debtor’s banking information (banking institution and […]

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.

By: Spectrum Paralegal
January 21, 2013

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 very common in the Small Claims Court. Of course, not all car accident cases end up in the Small Claims Court. Several factors must come together to make […]

By: Spectrum Paralegal
January 1, 2014

We discuss how to collect on unpaid invoices for goods or services in Toronto Small Claims Court, and the relevant questions and issues to consider.

By: Spectrum Paralegal
June 13, 2016

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 a number of key ways. First, commercial and residential tenancies are governed by the Commercial Tenancies Act and Residential Tenancies Act, respectively, and the two acts vary […]

By: Spectrum Paralegal
January 1, 2014

We discuss what to do if a contractor did a bad job on your renovation or construction project, whether you paid for the project in full or not.

By: Spectrum Paralegal
January 14, 2013

Small Claims Court is a popular venue for disputes related to construction and renovation. Non-payment for work done and dissatisfaction with the job is all too common.  Outside of the small claims court procedure, unpaid contractors often seek a construction lien to encourage payment from the customer. As a result, customers frequently have to deal […]

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.

By: Spectrum Paralegal
April 25, 2016

This post discusses how uninsured drivers can defend car accident claims filed by insurance companies in small claims court.

By: Spectrum Paralegal
December 16, 2013

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.

By: Spectrum Paralegal
June 15, 2012

Like other courts, the Small Claims Court collects fees for every step of the procedure taken by either party. The plaintiff’s (claimant’s) process begins with the registration of a small claim, which costs $75.00. If the claim is not settled at the settlement conference and a trial is required, the fee to request a trial is $100.00. Motion hearings that […]

Disputes related to the repair of motor vehicles are widespread.  It is hard to find someone who, at least once in lifetime, has not had an awkward conversation with a guy in blue denim, asking him why the car is still stalling while the payment is still being requested. It is even more awkward when […]

By: Spectrum Paralegal
July 30, 2013

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 asked by creditors.  1. What is a garnishment and […]

By: Spectrum Paralegal
May 30, 2016

Disputes with contractors over construction, renovation, landscaping or other such work are the most common type of cases in the Small Claims Court, and their success very much depends on proper actions being taken at the very early stages of the conflict. Our practice shows that a home owner is often somewhat lost when faced […]

By: Spectrum Paralegal
October 18, 2013

The Small Claims Court, understandably, does not have the resources to inquire when every party to a proceeding is available for a court appearance. Accordingly, it happens with fair frequency that one or both of the parties is unable to attend a scheduled date of settlement conference. If you find yourself in that situation, here […]

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. Below, we answer some common questions about how a plaintiff’s claim can be served in a small claims court procedure in Ontario. First, let’s talk about: Why is […]

If I live in the States, under what circumstances do I have to sue a person in an Ontario small claims court? In most jurisdictions, including Ontario, the plaintiff (claimant) 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 […]

This is really a question of two parts: Which type of court do I make a claim in, and Which particular courthouse do I make a claim in. So, let’s answer it in two parts. First: In Ontario, the type of court you sue a person in depends on how much you are suing for. […]

By: Spectrum Paralegal
March 4, 2013

No doubt that 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 […]

Discusses suing in the small claims court for property defects (mould in basement, leaking roof) that were discovered by the buyer after purchase.

By: Spectrum Paralegal
January 1, 2014

Whether you are a plaintiff or defendant in a small claims court matter related to a breach of contract, the first step is, of course, to review the contract itself. From there, we would look to answer several questions in order to determine whether there are good grounds to sue, what a good claim or […]

By: Spectrum Paralegal
January 2, 2014

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 in vulputate velit esse molestie consequat, […]

By: Spectrum Paralegal
March 23, 2013

Who thinks about money while at a high point at a romantic relationship? In many if not most serious relationships, partners freely give each other financial assistance, as when, for example, a girlfriend helps her boyfriend to buy a new car or the boyfriend lends a hand when his significant other is short on rent […]

By: Spectrum Paralegal
September 7, 2016

The Function of the Small Claims Court The Small Claims Court is a forum meant to reduce the strain of civil litigation on the Superior Court of Justice in Ontario, and promote simpler and more efficient resolution of relatively minor disputes. Briefly put, a minor dispute in this case is one where no more than […]

By: Spectrum Paralegal
October 9, 2012

Ontario has 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, but at the same time, dog ownership can sometimes cause legal […]

By: Spectrum Paralegal
December 3, 2012

Discusses ways that sale of goods disputes are resolved in Small Claims Court in the absence of a sales contract.

By: Spectrum Paralegal
July 23, 2012

In most defamation cases, a plaintiff claims two types of remedies: Monetary compensation for the damages to his or her reputation  A court order commanding a defendant to retract the defamatory statement. The Small Claims Court deals only with those claims where the remedy requested is for paying money or returning property. It means that […]

By: Spectrum Paralegal
January 1, 2014

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.

“A Bad settlement is always better than a good trial”. Though I would not agree with this phrase entirely—a settlement is not supposed to be good or bad, but acceptable for a party to a Small Claims Court proceedings – it’s a good saying to remember and is often repeated in small claims court rooms. […]

By: Spectrum Paralegal
July 17, 2012

 I have a debtor who owes me $26,500.00… and I have not seen my money yet. Long story short, I am tired of promises of paying back and see no option other than filing a lawsuit. There is a problem though: the amount owing is more than I can claim in the Small Claims Court. At […]

By: Spectrum Paralegal
January 1, 2014

Personal lending and borrowing is widespread, so lawsuits related to unpaid personal loans for an amount of $25,000 or less show up frequently in Toronto Small Claims Court, as well. The Role of Promissory Notes in your Toronto Small Claims Court lawsuit If you’re in a situation where you lent money to another person and were […]

By: Spectrum Paralegal
January 1, 2014

A note about the many different situations Spectrum Paralegal encountered in Ontario Small Claims Courts over the years.

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.

By: Spectrum Paralegal
April 19, 2017

We discuss failed real estate transactions and circumstances of the seller keeping, or the buyer claiming, the real estate deposit in Small Claims Court.

By: Spectrum Paralegal
October 28, 2013

The amount of legal fees is an important factor to consider when considering whether to commence a legal action in Small Claims Court and evaluating options. 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 sand landlord-tenant matters […]

By: Spectrum Paralegal
September 26, 2013

Home renovation or reconstruction is one of the most common subjects for litigation in the Small Claims Court. With lengthy and complicated processes, there is lots of room for disagreement. Most frequently, there are disputes about: Quality of workmanship Completeness of work Time to finish It would not be an exaggeration to say that the […]

By: Spectrum Paralegal
January 30, 2013

Borrowing money is an everyday reality for almost all of us. Whether it’s in an emergency or for spending big ticket items like a home renovation, credit is an important part of how personal finances. Naturally, debts have a measure of risk for both lenders and borrowers. What doesn’t come to mind right away, however, […]

Testimonials
Sylvie, Toronto

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!