What is a Small Claim and Small Claims Court?

In Ontario, a small claim is a civil claim under $25,000, and the Small Claims Court is the court that handles these claims. A small claim is filed to compensate an individual for monetary damages, and the only type of judgment that the Small Claims Court can issue is a judgment for an individual or corporation to pay a certain amount, or surrender certain property, to another party. A licensed paralegal can represent you in Small Claims Court. Contact us for a no obligation case assessment.

This means the preparation of actual documentation to be filed with the Small Claims Court: the small claim or small claim defence. The step is essential as it is the basis of your position. These documents are then filed with the court and served on the opposing party.

A settlement conference is a meeting between the two small claim parties and/or their representatives in the presence of a judge. The goal of the settlement conference is primarily to come to a reasonable settlement to avoid trial.

The trial is the third and final stage of the Small Claims Court process. It is conducted in a formal courtroom setting, and can take from several hours to several days to fully complete, depending on the complexity of the issue. At trial, the judge considers:

• The pleadings as an outline of facts and evidence
• The evidence gathered during the examination and cross-examination of witnesses
• The final submissions of each of the parties, which sum up both positions for the judge

The judge then makes his or her reasoned decision based on all the factors considered, and issues a judgment based on the balance of probabilities and an assessment of the credibility of the evidence and witnesses provided by both parties.