About the Ontario Small Claims Court
The Ontario Small Claims Court is a branch of the Superior Court of Justice with jurisdiction to hear civil matters involving the payment of money or the recovery of personal property. The monetary limit of the Small Claims Court was raised from $10,000 to $25,000 on January 1, 2010. This was accompanied by changes to both the Rules of the Small Claims Court and the Small Claims Court Forms.
Some common types of claims heard by the Small Claims Court include the following:
| Retail credit cards | Outstanding rent | Real estate disputes | Vehicle purchases |
| Bills and invoices | Damage to property | Home renovations | Recovery of property |
| Promissory notes | NSF cheques | Employment disputes | Libel and slander |
The Small Claims Court does not have jurisdiction to hear any of the following:
| Matters between a landlord and a residing tenant (NB) | Family matters involving divorce or custody (NB) |
| An appeal of a decision from another court or tribunal | Claims in excess of the monetary limit (NB) |
| Class action lawsuits or construction liens (NB) | An application for injunctive relief (such as a stay) |
Permitted Representation
A party may be represented by a lawyer or paralegal licensed with the Law Society of Upper Canada otherwise an individual may represent themself or be represented by a friend or family member (provided that person is not being remunerated) and a business or an organization may be represented by one of its employees, officers or directors.
For further information on who may or may not act as a representative may we suggest the website of the Law Society of Upper Canada.
Court Procedures
While the Small Claims Court is designed to be less complex and faster than the Superior Court there is common misconception that court staff will do much of the work for the parties. This is not the case. A matter will not move forward unless a party has completed and filed the requisite paperwork and paid the corresponding court fee. While court staff do check paperwork for completeness than cannot provide legal advice. Consequently, court staff cannot and will not help you determine if your Plaintiff’s Claim or Defence contains any legal errors or if it is missing some legal rights and/or remedies that you are entitled to.
It is also commonly believed the Small Claims Court trial format in Ontariois similar to those of such popular American television shows such as “Judge Judy” or “The People’s Court.” Nothing could be further from the truth. In the Ontario Small Claims Court it is the primary responsibility of a party to present their case, cross-examine an opposing party, make legal submissions and follow the Rules of the Small Claims Court. It is the role of the judge to make a decision based on the evidence and arguments presented and not function as an inquisitor. Effective representation makes a difference.
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Pleadings
A Small Claims Court action begins when a party, referred to as the Plaintiff, goes to court and files a claim against another party, who is referred to as the Defendant. Upon receipt of the claim a Defendant has 20 days to file a defence. (If no defence is filed a Plaintiff may obtain a default judgment against a Defendant.)
A Defendant may also file a claim of their own against the Plaintiff or a third party any time before the Plaintiff’s Claim is disposed of (some conditions do apply).
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Settlement Conference
The Small Claims Court will automatically schedule a settlement conference for any disputed action. A settlement conference is a private meeting between the parties and/or their representatives held behind closed doors before a judge or mediator. The main purpose is to explore how the matter may be resolved without having to go to trial. Discussions that take place in a pre-trial conference are not admissible at trial and parties are encouraged to openly and frankly discuss the merits of their case.
Trial Preparation
Before a trial takes place both parties must exchange whatever evidence they plan to rely on if not already done so (the rules currently ask for disclosure in advance of settlement conferences). Failure to do so may result in the evidence not being admitted by the trial judge.
Also before trial, any orders made by a judge or referee at a settlement conference ought to have been complied with.
Once a trial date is announced any witnesses that are required should be served with a summons and their testimony reviewed prior to trial.
Trial
At trial each party will have the opportunity to present their side of their story, challenge the opposing sides version and make a closing statement. Parties are expected and required to conduct themselves in a respectful manner to the judge and to one another.
After hearing all the evidence the judge will usually make an immediate decision (in some cases the judge may require several days after which the parties will be contacted). There are many possible judgment outcomes that exist. A judge may rule anywhere from 0 – 100% in either party’s favour or from 0 – 100% in both parties favour.
The winner of the trial is entitled to have their disbursements and a reasonable amount for representation paid for by the other side (certain conditions apply). After rendering a decision the trial judge will usually hear submissions from both parties as to what those costs should be.
Enforcement
Unless the loser at trial voluntarily makes arrangements to satisfy the judgment against them the winner is entitled to take steps to enforce the judgment. Through the court, a successful party may commence garnishment proceedings, seize and sell personal property, request a debtor’s examination or any other method permitted by the court.
Additional court costs expended for enforcement proceedings are added to the judgment amount and therefore also recoverable from the judgment debtor.
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