Paralegal Service

What I can do for you?

Represent clients in Small Claims Court and Tribunals;

In Ontario, the Small Claims Court is a branch of the Superior Court of Justice. It deals with civil disputes of a monetary value of up to $ 25,000 (as of January 2010). Small Claims Court has simplified rules and procedures. For example, the forms in Small ClaimsCourt use a fill-in-the-blank style.

What kinds of cases go to Small Claims Court? The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $ 25,000, excluding interest and costs such as court fees. This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are. If the amount of your claim is more than $ 25,000, you can still choose to use Small Claims Court. However, you will have to give up the amount of money over $ 25,000, as well as any future right to get this money in any other court. You cannot divide the amount of money you are claiming into separate cases. You cannot, for example, divide $25,500 into a $ 25,000 claim and a $500 claim in order to have the total amount dealt with in two cases.

Examples of claims that can be filed in the Small Claims Court include:


How much will it cost me to make or defend a claim in the Small Claims Court? You must pay a fee to file a claim or defence in Small Claims Court and for most steps in a proceeding, such as filing a motion, requesting a trial date, and taking steps to enforce a judgment. The number of steps in a proceeding varies from case to case. There are also fees and allowances that you must pay to witnesses you have summoned for their attendance and travel to court. In addition, you will have to pay for any interpreters you or your witnesses require, other than bilingual (English or French) interpretation and visual languageinterpretation, unless your fees are waived. A party - often the successful party - can ask that the other party be ordered to pay his or her costs, such as court fees.The Ontario Government introduced a fee waiver certificate for persons who may be denied access to justice because of their financial circumstances.

If I am successful, how will I collect my money? It is important to remember that a judgment is an order of the court; it is not a guarantee of payment. If you obtain a judgment in your favour, and the debtor fails to pay you as required by the judgment, you may have to take steps to enforce (collect) the judgment. In order for you to collect, the person or business must have one of the following: • money, • assets that can be sold, or • a debt owed to the debtor by another person (for example, a bank account or employment income) that can be garnished.

How long do I have to start a claim? The claim needs to be started in 2 years after the event/incident happened or after you discovered it.

In which Small Claims Court office should I file my claim? Deciding where to file your claim is an important decision. You must file your claim in the court office that satisfies any of the following criteria: • the court in the territorial division where the cause of action arose (i.e. where the event took place or problem occurred); • the court in the territorial division in which the defendant lives or carries on business (if there are several defendants, then it can be the court in the territorial division in which any one of them lives or carries on business); or• at the court’s place of sitting that is nearest to the place where the defendant lives or carries on business (if there are several defendants, then it can be the court nearest to the place in which any one of them lives or carries on business). Example 1 Meera and Norman enter into a contract in Ottawa, Ontario. Norman has not fulfilled his portion of the contract and Meera decides to file a claim in Small Claims Court. Norman lives in Brockville, Ontario. Meera will need to determine whether she wishes to start the claim in the Ottawa Small Claims Court (where the problem occurred) or in the Brockville Small Claims Court (where the defendant lives).


What proof do I need to support a claim? You will have to prove your case. Consider what witnesses and/or documents (for example, contracts, NSF cheques, record of payments) you have to support you. If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful. However, if it is just your word against the other person's, it may be more difficult to prove your case.You will be required to write in the claim form a short, clear summary of the events that took place and the reasons you think you are entitled to a judgment (court order). Copies of documents that you intend to use to support your claim must be attached to the claim form if you decide to go ahead. The other party is able to respond to your claim and may give evidence that will affect the judge's view of your entitlement.

Can an agent or lawyer represent me in Small Claims Court? A party may be represented in Small Claims Court by paralegal.

What if I need an interpreter for myself or one of my witnesses? An interpreter translates communication from one language to another. Small Claims Court provides interpretation services for all court proceedings and written documents from English to French and French to English. If you or your witnesses will need language interpretation in court from French to English or English to French, notify the court office at the outset of the case. Interpretation from English or French to any other language must be arranged for, and paid by, the party who requires the interpretation. The interpreter must be accredited as being capable of performing that function. The court office will pay for ‘in-court’ interpretation in any language for individuals who qualify for fee waiver.

What if I need visual language interpretation because I am hearing impaired? If you have a hearing impairment and need an interpreter, you can make a request at the Small Claims Court office. The staff will first ask whether written communication would satisfy your needs. If written communication would not be satisfactory, then a visual language interpreter can be used. You can either bring an interpreter with you or ask to have one arranged for you. You may have to make an appointment to come back when an interpreter is available. The court will pay visual language interpreters the standard Ministry interpreter rate or a requested fee (whichever is less).

     
Hourly Rate $ 50
    
     
For Flat fee please call 519-574-4529    
     
     

 

 

Links