Small Claims Court

Small Claims Court is a branch of the Ontario Superior Court of Justice that handles civil disputes where the amount claimed is $35,000 or less. It’s a faster, less formal process for resolving issues like unpaid debts, property damage, or contract disputes.

Small Claims Court deals with a variety of cases, including:

• Unpaid invoices or debts

• Breach of contract

• Property damage

• Recovery of personal property

• Claims for poor workmanship or services

• Enforcement of Tribunal Orders (e.g., LTB Order for rent arrears)

Loyal & Loyal can provide legal advice, prepare and file court documents, negotiate settlements, and represent you in court. Our paralegals are trained to navigate the legal system efficiently, saving you time and reducing stress.

To start a claim, you need to file a Plaintiff’s Claim (Form 7A) with the court. This document outlines the amount you’re claiming and the reasons for the claim. Loyal & Loyal can assist in drafting the claim, ensuring all necessary information is included, and filing it on your behalf.

In Ontario, you generally have two years from the date the incident occurred or when you first became aware of the issue to file a claim. This is called the limitation period. If you miss this deadline, you may lose your right to sue.

If the defendant does not respond within 20 days after being served with the claim, you can request a default judgment. Loyal & Loyal can help you obtain a default judgment and enforce it.

If you’ve been served with a claim, you have 20 days to file a Defence (Form 9A). Loyal & Loyal can help you prepare your defence, gather evidence, and represent you in court to ensure your side of the story is heard.

You should bring all relevant documents, such as contracts, invoices, receipts, photographs, and any other evidence that supports your case. Witnesses who can testify on your behalf are also important. Loyal & Loyal can help you organize your evidence and prepare for your court appearance.

Yes, many cases are settled before going to trial. Loyal & Loyal can help negotiate a settlement that works for both parties, saving time and legal costs. If a settlement is reached, it can be formalized as a court order.

The timeline for resolving a case varies based on factors like court availability, the complexity of the case, and whether the case goes to trial. A simple case could be resolved within a few months, while more complex matters may take longer. Our paralegals work hard to keep the process moving efficiently.

Winning a case doesn’t automatically mean you’ll be paid. You may need to enforce the judgment by garnishing wages, seizing assets, or placing a lien on property. Loyal & Loyal can assist with the enforcement process to ensure you receive what you’re owed.

Court filing fees vary depending on the type of claim and where you file. For example, filing a Plaintiff’s Claim costs $108, and additional fees apply for trials or enforcement. At Loyal & Loyal we offer affordable services to help with the preparation and representation in Small Claims Court.

Our paralegals are licensed professionals experienced in Small Claims Court matters. They can:

• Provide legal advice and guidance

• Draft legal documents accurately

• Represent you in negotiations and court proceedings

• Help resolve disputes efficiently and can increase your chances of success and reduce the stress of handling legal matters on your own.