Small Claims Court has limits on the size of claim - that is, how much money you can claim in damages or compensation in this court. These monetary limits change from time to time. If you are not sure whether your claim is within these limits, please contact the nearest Small Claims Court office for this information.

Although Small Claims Court is a branch of the Ontario Court (General Division), its proceedings are much simpler, are less expensive and take less time than those in other General Division cases. In most cases, people can and do represent themselves before the Small Claims Court judge. If your problem is complex, though, or if you don't feel comfortable speaking for yourself, you have every right to bring a lawyer, law student or agent to help you.


WHAT KINDS OF CLAIMS ARE DEALT WITH IN SMALL CLAIMS COURT?

A claim for money owed to you

In a claim of this kind, the amount of money owed to you (the PLAINTIFF) will usually arise from a written contract or oral agreement between you and the other party.

Examples of this kind of claim include:

• a loan that has not been repaid
• money owed for merchandise
• money owed because of an N.S.F. cheque
• failure to pay rent
• failure to pay for work done or for the services of a contractor such as a plumber, electrician or carpenter.

A claim for money losses caused by improper actions of another person (damages)

The person making such a claim (the Plaintiff) must prove to the judge that a loss they have suffered was caused by the actions of another person (the Defendant).

Examples of this kind of claim include:

• damage to property caused by someone else's fault of negligence
• property damage caused by faulty service, such as damaging goods during transportation or delivery, or clothing damaged during dry cleaning
• the delivery of foods or services that are not up to the standard or quality agreed on by the seller and the buyer
• failure to fulfil the terms of a written or oral contract
• damages due to personal injury

A claim for the return of your personal property now in the possession of another person

The person bringing this kind of claim to court (the PLAINTIFF) has to prove to the judge that property now in the possession of another person does rightfully belong to the plaintiff and how much it is worth.


WHAT SHOULD I DO IF CLAIM IS MADE AGAINST ME?

How you respond to a claim depends on a few factors. Do you agree you owe the money claimed? Do you disagree completely, or with just part of the claim? If you agree, can you afford to pay the claim? Do you feel the person suing you owes you money, or that it's someone else's fault altogether? These are the different steps you can take.


WHAT HAPPENS IF I DON'T FILE A DEFENCE?

If you don't file a defence within the time limit allowed, the clerk upon receiving a request from the plaintiff will note you in default and may sign a default judgment against you or note you in default without any prior notice. This means that the plaintiff can legally enforce payment against you.

If the suit being brought against you is for damages and you have been noted in default at the request of the plaintiff, a judge may assess a monetary value for the damages and enter judgment against you in your absence. A default judgment usually includes an award of interest, if it has been requested in the claim, and costs. After obtaining a default judgment, the person making a claim against you can immediately start enforcing proceedings against you.

If you didn't file a defence within the time limit, but still wish to do so, and you have been noted in default or a judgment has been entered against you, you can still file your defence if you can give good reasons for the delay. You can try to obtain the written consent of the plaintiff to set aside the judgment or noting a default. If consent is refused, you can ask a judge, by filing a motion stating the reasons why you failed to file your defence within the time limits.


HOW TO GET STARTED

Your first step was choosing the right Small Claims Court in which to file your claim. Your next step is to pick up the right form to start your court action. You can pick up this form at any Small Claims Court. Once the form is completed, however, you will have to mail it or take it in person to the correct court.

When you file your claim, you will have to pay a court fee. This fee is for the cost of handling your claim. The amount of the fee you pay varies with the amount of money you are suing for, and the number of defendants.

Any fees you have to pay are added to your claim by the court. Then, if you win your case, this amount may be added to the money you are entitled to collect.

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Copyright 1998 Siegel, Alexander.
This web site is designed for information purposes only. Any articles and advice given here should be followed up with your legal counsel.