Practice Note: On January 1, 2020, the Small Claims Court limit in Ontario increased from $25,000 to $35,000. Now, you can sue for money, or the return of personal property valued at $35,000 or less, excluding interest and costs.
You must file your claim within 2 years of when you first learned about the problem.
What can you sue for?
Loss of property
Damage to property
NSF (non-sufficient funds) cheques
Unpaid accounts for goods or services sold and delivered
Clothes damaged by a dry cleaner
For claims exceeding $35,000, the case must be taken to the Ontario Superior Court of Justice (“civil court”).
If you are suing or being sued, you may require a proper representation in order to succeed. At Buzaker Law Firm, we will assist you in all aspects of your matter, including but not limited to:
preparation of your Claim or Defense,
Preparation of Motion and,
enforcement of your judgment.
Cost of filing a claim
The actions you take will determine the overall cost of filing a claim.
Fees are also based on how frequently you submit a claim. An infrequent claimant is someone who submits less than 10 claims to the same court site in a calendar year. A frequent claimant is someone who submits 10 or more claims.
An infrequent claimant will pay: for filing a claim, for filing of a request for default judgement, for setting a date for a trail or an assessment hearing, for filing a Notice of Motion for an Assessment in Writing.
A frequent claimant will pay: for filing a claim, for filing of a request for default judgement, for setting a date for a trail or an assessment hearing, for filing a Notice of Motion for an Assessment in Writing.
Other expenses: Depending on your situation, you might also have to pay for things like witness travel expenses or interpreting services. If you win in your lawsuit against the defendant, the judge might order them to cover some of your legal fees. If you lose, you can be required to cover some of the defendant's fees in addition to your own. Even if you win in your lawsuit, the defendant may choose not to pay you or give you your money back. If this occurs, you'll have to enforce (try to collect) the judgement, which will cost money.
Overview of the steps to take to sue in Small Claims Court
Complete a Plaintiff’s Claim
Find out if you must pay court fees
File your claim with the court
Serve your claim on the defendant
Get a response
Overview of the steps to take if you’re being sued in Small Claims Court
Reply to the claim
File a Defendant’s Claim
Prepare for trial
Overview of the steps to take to collect your money that you are owed
Write to the debtor
Have an examination hearing
Apply for garnishment
Get a Writ of Seizure and Sale
Understand how interest is calculated on your judgement
Should you have any questions, please call the Buzaker Law Firm at (905) 370-0484 for a free 30-minute consultation.