The Small Claims Court provides an accessible and less formal way of litigating disputes. If you are hoping to resolve simple disputes concerning money or property for amounts of up to $25,000, your matter is within the monetary jurisdiction and is therefore eligible to be heard by the Small Claims Court.
* Claims for more than $25,000 should be started in the Ontario Superior Court of Justice. The process described in this document applies to actions started in the Superior Court of Justice.
If a Plaintiff’s claim is for $100,000 or less, the claim is started in the Ontario Superior Court of Justice, under the Simplified Procedure Rule. Claims over $100,000 are started in the Ontario Superior Court of Justice under the ordinary Rules. Parties can, however, agree to use the simplified procedure for claims over $100,000.
Our litigation team members will be able to advise you in which jurisdiction the claim should be commenced, and whether to use the simplified procedure.
Who are you suing?
It is very important to know who you are suing. You will need to know the legal name of the person or business in order to prepare and serve your claim, and enforce judgement. If you do not know the legal name of the person or business that you are suing, your claim will be thrown out of Court and a judgement will not be made against the opposing party. The Law Office of FAY HASSAAN, P.C. can assist you by conducting a search to obtain the right legal name and information.
What information do you need to support your claim?
You will need evidence to support your claim. Whether it is agreements you have made, receipts, or a witness, the more evidence you have, the better chance you have at obtaining a judgement against the party you are suing.
Can you sue for more than $25,000 at the Small Claims Court?
You are not able to sue for more than $25,000 at the Small Claims Court. You cannot divide the amount of money you are claiming to try to recover it in separate cases. You cannot, for example, divide a $30,000 claim into a $25,000 claim and a $5,000 claim to be dealt with in a second case. If you believe you are owed an amount higher than the Small Claims Court limit and you want to try to recover all of it, you will have to take your case to a higher level in the Superior Court of Justice.
How will you be able to collect from the person or business?
If you obtain a judgement in your favour, you will be able to collect from the person or business. In order for you to collect, the person or business must have money, assets that can be sold, or a debt (e.g. bank account, employment income) that can be garnished.