The Small Claims Court moves quickly. If a Judgment, Settlement or a Trial date have not attained within six months of the date the Claim is filed, the Court will most likely dismiss the Claim.
A Small Claims Court proceeding is commenced by filing a Plaintiff’s Claim. The Claim should explain what happened, and what is requested from the Court. The Defendant is then provided with time to file a Defence, if a Defence is not filed within a certain period of time, the Plaintiff can request that the Court note the Defendant in Default and attain Judgment by default.
If a Defence is filed, the Court will schedule a pre-trial settlement conference. In order to ensure that the Settlement Conference goes well, and costs are not awarded against you, you must ensure that all evidence that will be relied upon at trial is disclosed. J.A.B. Legal Services can help you manage your evidence and ensure that you provide all relevant information that will strengthen your case.
If settlement is attained at the Settlement Conference, the parties will enter into a Terms of Settlement, and the matter will be held down until the Terms are satisfied. If settlement is not reached, the matter will proceed to trial. A trial is a complex matter, which will require witnesses, evidence and the law.
Being prepared is crucial to the proper execution of a trial. Being prepared for trial is the most import, as it will help the Judge understand your case, and rule in your favour - as long as the law is on your side. At the end of the Trial, the Judge will come to a decision, and give a decision.
The decision of the Judge at trial is enforceable, and can only be overturned on Appeal.
Attaining Judgment is the easy part of any litigation. Collecting the money owing to you is the hard part. There are many enforcement options available to you once you Judgment has been granted, such as; Writ of Seizure and Sale of Land; Garnishments; and, Judgment Debtor Examinations.
A Writ of Seizure and Sale of Land secures your interests in the debtor’s real property. A Writ is filed with the Sheriff department for the region/county that the Defendant owns property.
Writ of Seizure and Sale of Land
A Garnishment can be placed on a bank account, employer, or an entity that owes a debtor money. The funds that would have been sent to the debtor, would then be paid to the creditor.
A Judgment Debtor Examination is an aid in execution, which is taken as a last resort. The Examination consists of a financial examination in court, where the debtor must provide all financial information, and inform the court on how they plan on satisfying the Judgment.
Judgment Debtor Examinations
Are you being sued for an outstanding debt? Before looking at consumer proposals, or bankruptcy, you should re-evaluate your financial position, and see if a repayment plan can fit in your budget. If the debt is not disputed, the best solution will be to come to a debt repayment plan, and work out a settlement with your creditor. J.A.B. Legal Services can help you.
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The Ontario Small Claims Court is a branch of Ontario’s Superior Court of Justice. The Small Claims Court is a Court dedicated to civil litigation with a monetary jurisdiction of $35,000.00.
The Ontario Small Claims Court
The Small Claims Court handles disputes arising out of:
Recovery of items, or the replacement cost of the item
If you were hurt due to negligence of another party
The Ontario Small Claims Court will not hear a dispute if there is an Administrative Tribunal that deals with the issue as the Small Claims Court will not have jurisdiction over the matter. The Small Claims Court does not provide injunctive relief. An Injunction would have to be requested from Divisional Court.
How the Small Claims Court works
The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised to be current, complete, or up-to-date and should in no way be taken as an indication of legal advice or a client relationship.