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 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 other jurisdictions, which may affect the outcome of your case.
In our practice, however, this has not caused problems for plaintiffs. Ontario laws, especially with respect to common disputes that arise (debts, sales transactions, etc.), are generally similar to 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, any claim must be in Canadian dollars. So, if you live in, for example, Australia and the dispute is about some sum of Australian dollars, you need to convert this sum to Canadian dollars at the appropriate 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.
You may need to appear as a witness if the process does go to trial. Apart from that, your representative can carry out most actions in your absence. She or he may communicate with you over the phone, online or by e-mail. Your representative can:

- 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 come to the court personally. You would know the date of the trial several months in advance to have adequate time to make travel arrangements.
There may be an option to attend the trial remotely through Zoom or other means of technology.

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. Also, remember to weigh the cost of travel arrangements when considering the amount of possible settlement with the defendant.

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 are wishing you a life free of legal hassles!