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 Chicago with a dispute with someone who lives in Toronto, you would generally file the claim in Toronto Small Claims Court.
- In practice, this also makes sense because it makes enforcement of (collection on) the judgment easier. For example, a defendant who lives in Toronto is most likely to have property or other assets in this jurisdiction.
- Filing a small claim in the province where the defendant holds assets will save you many troubles. For example, you don’t need to confirm a foreign judgment in Ontario. However, without such confirmation, you cannot enforce a judgment from elsewhere in Ontario.
Does the fact that I am from another country or province have any impact on the actual content or amount of my small claim?
- Yes, to an extent.
- If you are suing an individual or corporation in an Ontario small claims court, the laws of Ontario will apply to your small claim.
- Ontario laws may differ from those of other jurisdictions, which may affect the outcome of your case.
- In our practice, however, this has not caused problems for plaintiffs. Ontario laws, particularly with respect to common disputes that arise (such as debts and sales transactions), are generally similar to those in other jurisdictions. Also, they are reasonable enough not to put the plaintiff at any significant disadvantage.
- A more significant concern is the currency of the small claim. In Ontario, all claims must be made in Canadian dollars. So, if you live in, for example, Australia and the dispute involves a sum of Australian dollars, you need to convert this sum to Canadian dollars at the applicable exchange rate for your small claim.
Do I have to travel to Ontario if I am suing someone in an Ontario small claims court?
- Generally, if you retain a representative, your personal involvement would be limited to attending the trial. This court appearance can also be conducted via a remote Zoom hearing.
- You may need to appear as a witness if the process goes to trial. Additionally, your representative can perform most actions on your behalf in your absence. She or he may communicate with you over the phone, online or by e-mail. Your representative can:
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- Prepare and file a claim in the small claims court
- Correspond with the opposing party and the court
- Attend a settlement conference on your behalf and negotiate a settlement as per your instructions (though you would have to be available for consultation by telephone)
- If you don’t settle, your appearance (as well as that of your witnesses) is required for trial. The plaintiff himself or herself is almost always a key witness.
- For this reason, the plaintiff may need to appear in court either in person or via Zoom. You would know the date of the trial several months in advance to have adequate time to make travel arrangements.
- There is an option to attend the trial remotely via Zoom or other technology platforms.
To sum up, it is definitely manageable and possible for a person living abroad to sue another entity in an Ontario Small Claims Court. As a final piece of advice, be sure to find a representative you can trust.
Don’t hesitate to contact us to see if your dispute should, in fact, be pursued in an Ontario small claims court.
As always, we wish you a life free of legal hassles!
