Small Claims Court
What is Small Claims Court?
Small Claims Court is a court of the Ontario of Superior Court of Justice. Small claims court matters have a less formal process. It is where parties with civil disputes with amounts up to $50,000, can bring a claim for damages(monies) and/or the return of property valued at $50,000.
Unlike the higher civil court, small claims court process is less complex, and matters are heard much quicker. On average depending on the workload of the court and the complexity of the case matters are generally set for trial in approximately one year or sooner from when the claim is filed with the court.
Who can bring a claim?
In most situations where an individual or a business is either owed monies through a breach of contract, and/or a harm, which was caused as a result of an action or inaction action of another, the party can bring a claim using the small claims court process. It is important to know that small claims court matters are heard in the local small claims court where the incident occurred or where the defendant resides. For example, if you live in Hamilton the incident occurred in Brantford and the defendant lives in Burlington the claim would normally be field in Burlington small claims court.
Jurisdiction of Small Claims Court
The jurisdiction or what matters the Small Claims Court can hear is for monies claimed or owed up to $50,000.00, (per plaintiff) which is anything involving:
- civil wrong claims, personal injury matters such as slip and fall,
- breach of contract, whether there is a written contract or not, where someone owes you money or sold you a defective product or service
- employment law matters, wrongful termination whether you quit or were wrongfully fired.
- human rights matters, when tied to a civil claim or employment law claim, where both a civil or employment wrong occurs and a human rights infringement occurs.
The jurisdiction of the Small Claims Court allows the court to hear matters, which involve the return of property valued up to $50,000.00 (per plaintiff).
Monetary Jurisdiction
The monetary jurisdiction of the Small Claims Court is $50,000.00, per Plaintiff. This is all what the court can award to an individual party not including court costs.
Note:
That there there can be more than one Plaintiff on a claim. This means that the maximum amount the court can award is $50,000 per Plaintiff.
For example if a Claim had 2 Plaintiffs than the court can award a total of $100,000 for the Claim.
Legal costs to bring a claim in Small Claims Court
The legal costs to bring a claim in Small Claims Court depends on many factors, but commonly it depends on the complexity of the case.
For example, in a complex case there maybe a considerable amount of evidence to review, multiple defendants, multiple witnesses to question and summon, if there are various laws involved, if the defendant files a Defendant’s Claim, as well as several other factors.
For a straight forward case, where the case is not overly complex and no Defendant’s Claim has been filed, then the time involved is approximately:
Preparation of Plaintiff’s Claim:
– 2 to 6 hours to review the case materials
– 2 to 7 hours to prepare Plaintiff’s Claim
– 1 to 2 hours to review Defendant’s Defence
Settlement Conference:
– 1 to 2 hours to attend settlement conference
Pre-trial Preparation:
– 2 to 6 hours prepare for trail, including preparation of trial brief and other trial preparation
Trial:
– 4 to 16 hours to attend trial.
The total approximate time involved as you can see various considerably.
From 12 to 23 hours or more depending on the complexity of the individual case.
The cost for us to represent you can range from $1,200 on the low end to as high as $2,300 or as high as $6,000.
We can NOT guarantee or provide a guaranteed estimate due to the unknown variables in any one case!
However, know that you maybe entitled to be compensated for your legal costs paid, or court costs, in addition to any claimed amount.
Court Costs
In Small Claims Court if a party is successful in their matter before the Small Claims Court. Then they can ask the court to award them what is called court costs. This is the legal costs a party paid to bring their matter to court and win. Generally the Small Claims Court will award up to 15% of the amount claimed for court costs.
For example, if a party sues another for $50,000 and wins. They can be awarded up to $7,500 in court costs over and above any damages awarded in their claim.
Ina warding court costs there are factors the Small Claims Court considers when awarding court costs. Such as if a party intentionally delayed the process, if a party rejected a reasonable offer of settlement.
Do you have a case?
Each party’s case is unique. This is why it is impossible to know if you have a case or not.
To know if you have a case please send an e-mail to paul@paulsparalegal.ca
or call (905) 581-3602!