Small Claims

• Sale of Goods: Going to Small Claims Court with No Contract
  For many businesses, the purchase and sale of goods has become routine. When 99 out of 100 sales go well, the parties might not even draft a contract. But what do you do on that last sale when things go… Read more: Sale of Goods: Going to Small Claims Court with No Contract
• Unpaid Debts in Small Claims Court: Role of the Guarantor
  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… Read more: Unpaid Debts in Small Claims Court: Role of the Guarantor
• Real estate deposit return dispute in the Small Claims Court
  Many things may go wrong and lead to a cancellation of a real estate purchase. As a result, real estate transactions are quite a frequent subject of Small Claims Court litigation. It is especially so in a hot real estate… Read more: Real estate deposit return dispute in the Small Claims Court
• Corporation Identity is a Must in the Small Claims Court
  What is a corporation? Corporations are interesting legal entities. In the eyes of the law, they are persons. Accordingly, corporations have the rights that they can pursue in the courts via a representative. As with individuals, to pursue its interests… Read more: Corporation Identity is a Must in the Small Claims Court
• Can a Foreigner Sue in Ontario Small Claims Court?
  As the world becomes increasingly interconnected, we encounter more cases where individuals or corporations from the United States, the UK, and China sue in Ontario. Toronto Small Claims Court, in particular, often sees cases between plaintiffs and defendants from other… Read more: Can a Foreigner Sue in Ontario Small Claims Court?
• Small Claims Court Limit Increases to $35,000.00
  TORONTO – Ontario Government is increasing the maximum amount of claims that can be made in the Ontario Small Claims Court to $35,000. The respective government regulation was made in October 2019. It should help to expedite civil cases which… Read more: Small Claims Court Limit Increases to $35,000.00
• Small Claims Court: A Bad Settlement is Always Better than a Good Trial
  “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… Read more: Small Claims Court: A Bad Settlement is Always Better than a Good Trial
• Dog attacked and bit my pet? How to get the owner to court.
  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… Read more: Dog attacked and bit my pet? How to get the owner to court.
• How Small Claims Court works. What to expect. How to succeed
  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… Read more: How Small Claims Court works. What to expect. How to succeed
• Money, Relationships and the Small Claims Court
  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… Read more: Money, Relationships and the Small Claims Court
• Real Estate Sale. Property Defects in Small Claims Court.
  The Small Claims Court can only order the return property or repayment of up to $35,000 in damages. Yet, the nature of cases this court considers can vary broadly. Among others, they include disputes arising from real estate transactions –… Read more: Real Estate Sale. Property Defects in Small Claims Court.
• Is there a limitation period for filing a small claim?
  Yes. The period is generally two years. However, this can sometimes be shorter or longer, depending on the particular case. The Limitations Act sets the basic 2-year limitation period and some exceptions from this rule. Click here to contact us… Read more: Is there a limitation period for filing a small claim?
• What is Important for Foreigners Suing in Small Claims Court
  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… Read more: What is Important for Foreigners Suing in Small Claims Court
• How to Sue in Small Claims Court: Key to Success
  How to Sue in Small Claims Court: Keys to Success. Here are a few things to consider before you start a lawsuit in Small Claims Court. Know the person who you need to sue. A Small Claims Court plaintiff (the… Read more: How to Sue in Small Claims Court: Key to Success
• How to Serve Plaintiff’s Claim in a Small Claims Court Case
  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… Read more: How to Serve Plaintiff’s Claim in a Small Claims Court Case
• How to Reschedule a Settlement Conference in Small Claims Court
  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.… Read more: How to Reschedule a Settlement Conference in Small Claims Court
• How to deal with a difficult contractor
  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… Read more: How to deal with a difficult contractor
• How to Use a Court Garnishment: 12 Common Questions
  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… Read more: How to Use a Court Garnishment: 12 Common Questions
• Garage Refuses to Release your Car? How to get it back.
  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… Read more: Garage Refuses to Release your Car? How to get it back.
• How to Defend Car Accident Claims in Small Claims Court
  Car accident claims in Small Claims Court Car accidents are a relatively common cause of action in Small Claims Court. Usually, car accident cases come to Small Claims Court when one of the drivers involved had no insurance. So the… Read more: How to Defend Car Accident Claims in Small Claims Court
• Is Construction Lien an Option in the Small Claims Court?
  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,… Read more: Is Construction Lien an Option in the Small Claims Court?
• Commercial Tenancy Disputes in Small Claims Court
  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… Read more: Commercial Tenancy Disputes in Small Claims Court
• How to fight an Accident Claim in Small Claims Court
  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… Read more: How to fight an Accident Claim in Small Claims Court
• What you need to succeed in Small Claims Court: 4 things
  Anyone can sue anyone for anything at anytime. However, not every case will stick. The assessment of every small claim depends on the circumstances, of course. Nevertheless, there are always several central elements to establish for a small claim to… Read more: What you need to succeed in Small Claims Court: 4 things
• How to Claim Moral Damages in Small Claims Court
  In an earlier post, we talked about the principles of causation, damage valuation and mitigation of damages as they apply to every small claim lawsuit. We also considered an odd situation of a woman with a cold. However, I’d like… Read more: How to Claim Moral Damages in Small Claims Court
• Lawsuits For Unpaid Rent In Small Claims Court
  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… Read more: Lawsuits For Unpaid Rent In Small Claims Court
• Small Claims Court: Claiming More than $35,000.00?
  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… Read more: Small Claims Court: Claiming More than $35,000.00?
• Things You Really Need to Sue Contractor. Small Claims Court
  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… Read more: Things You Really Need to Sue Contractor. Small Claims Court
• How to Succeed in Small Claims Court Motion
  The Ontario Small Claims Court process provides for several types of court hearings and appearances. Here, we discuss one type of Small Claims Court hearings and procedural tools – motions. Small Claims Court Motions A motion is a procedural tool to… Read more: How to Succeed in Small Claims Court Motion
• What are my expenses to handle a Small Claims Court case?
  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… Read more: What are my expenses to handle a Small Claims Court case?
• 6 Ways to Collect on a Small Claims Court Judgment
  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… Read more: 6 Ways to Collect on a Small Claims Court Judgment
• How to Succeed in Small Claims Court Motion
  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.
• Default Judgment? How to Get Out and Get your Day in Court.
  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 attacked and bit my pet? How to get the owner to court.
  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… Read more: Dog attacked and bit my pet? How to get the owner to court.
• What Small Claims We Successfully Fought for Our Clients
  Over the years, we have represented plaintiffs and, of course, defendants alike in the Toronto Small Claims Court, Richmond Hill Small Claims Court, Brampton Small Claims Court, Newmarket Small Claims Court and other small claims courts in Ontario. We have… Read more: What Small Claims We Successfully Fought for Our Clients
• How to get compensation for defamation in Small Claims Court
  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… Read more: How to get compensation for defamation in Small Claims Court
• How to handle Small Claims Court case about contract breach
  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… Read more: How to handle Small Claims Court case about contract breach
• How to Collect on Unpaid Invoices in the Small Claims Court
  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.
• How to Get Compensation for Bad Construction or Renovation
  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.
• How to Get Back Unpaid Personal Loan in Small Claims Court
  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… Read more: How to Get Back Unpaid Personal Loan in Small Claims Court

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