It is called Small Claims Court, but make no mistake, the legal issues that are brought at the small claims court can be contentious as the Superior Court of Justice where there is no limit on the money a party can ask the court to consider, either being a damage to a property, unpaid amount or personal injury caused by the other party. The “small” in the name is in relation to the amount being sought in comparison with what can be asked at the Ontario Superior Court. Therefore, the court must be approached with all the seriousness it deserves.

The maximum monetary reward you can sue for in small claims court is $25,000.00 or less, excluding interest and cost, if you are claiming for the return of personal property damaged or in the possession of another person. The claim must fall under two categories. The first is the claim for money under an agreement, such as unpaid debt or loan, unpaid rent, unpaid account for services rendered or goods purchased. The second category is claim for damage. This category includes property damage that is not more than the $25,000.00, personal injury caused by the other party or a breach of contract.

The Ontario Small Claims Court, while lax in its former court room conduct of the strict rules, to make it more approachable by people who may not have legal representatives, you must still understand that it is a Courtroom where legal arguments between two parties are heard and, upon those arguments, a judge decides the cases on their merit. Due to the binding force of the court, cases can be contentious. All the other parties make arguments that they believe can tilt the judges discretion to their favor. It can be dramatic, but the small claims court is not a stage for drama. This is why we take a dedicated and committed approach in dealing with cases that are brought to us. We take the rules in their stricter sense and pursue all cases aggressively to ensure our clients’ interests carry the day.

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