The Ontario Small Claims Court Blog

Small Claims Court Judgment Is Only Half The Battle

2008-06-29T17:05:00.000-07:00

Many small claims court litigants think that they will "have their day in court" and upon success at trial, they will get their money.

Wrong!

The small claims court trial is designed to provide the small claims court litigant with a rendered decision. True, many Defendants will pay up after they are found liable in the small claims court. But many Defendants won't.

Then what?

Well that means that the successful litigant has to take the next step towards getting paid...Enforcement. Yes, enforcement represents more court hurdles and time and expenses and no guarantees. But faced with getting paid or not, what choice does the successful small claims court claimant have? Not much. So, before you go to court thinking all you have to do is be a good arguer and win in court, think again. Obtaining judgment is only half the battle!

What is enforcement? Stay tuned...

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For more information, visit http://www.MrSmallClaimsCourt.com/

Some Stuff To Avoid When Litigating in the Ontario Small Claims Court

2008-06-17T22:15:00.000-07:00

Here are just a few No Nos for the Ontario Small Claims Court:

1) Coming to court ill-prepared - Countless times, we have seen parties come unprepared, unfamiliar with what has transpired with the court action, without the necessary documents, etc. and it's very hurtful for a party's small claims court case.

2) Coming Late To Court - Nothing bothers a judge more than having to wait for a litigant to arrive to court. Sometimes, a judge won't wait, and I've even seen small claims court actions dismissed due to tardiness.

3) Trying to talk over the judge - Let the Judge say what he or she wants. You will get your chance to speak.

4) Arguing with the other party - you are there to talk to the judge, not the other party. It's childish, so stop it.

5) Getting too emotional - Stay calm, and don't act as if your case is the only thing that matters in the world because the judge doesn't see it that way.

6) Forgetting to Ask for costs in a successful hearing - it kills me to watch successful parties walk away without seeking costs of attendance, preparation, etc.

7) Leaving the cell phone on - One cell phone ring, and you can cause the judge to dislike you.

Although the above may seem petty, you would be surprised what can make or break your case in the small claims court, and ensuring that you avoid these common mistakes in the small claims court can bring you that much closer to winning in the small claims court.

© Access Professional Directories Inc. and http://www.MrSmallClaimsCourt.com/

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For more information, visit http://www.MrSmallClaimsCourt.com/

Claims Not Allowed In The Ontario Small Claims Court

2008-05-11T20:28:00.000-07:00

What you may not realize is that not all kinds of claims are allowed under the Small Claims Court Rules. For instance, you cannot claim for injunctive relief such as mandatory orders or enjoinders. For instance, say someone stole your inventory and won't return it. Well, in the higher courts you can seek an injunction ordering the crook to return the inventory, but this type of order is simply not permitted in the small claims court. How do I know this? Well aside from experience, I've read the Small Claims Court Rules and the Courts of Justice Act. Stay tuned for an explanation...

© Access Professional Directories Inc. and http://www.MrSmallClaimsCourt.com/
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For more information, visit http://www.MrSmallClaimsCourt.com/

What Types of Disputes Get Litigated in the Small Claims Court?

2008-04-27T23:25:00.000-07:00

A question we're often asked is: "Can I sue someone for...?"

The usual answer is "yes"! The small claims court contemplates all sorts of different claims. In fact, if you take a look at the second page of a Form 7A Plaintiff's Claim, you will see the claims separated into all sorts of categories such as:

Breach of contract
Debt Collection and collection of debt and receivables in Ontario;
Construction litigation
Real estate litigation
Wills and estates
Promissory notes
Sales of goods
Wrongful dismissals.

With such a diverse listings of types of small claims, one might wonder which claims CANNOT be brought in ontario's small claims court...stay tuned for my next article.

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For more information, visit http://www.MrSmallClaimsCourt.com/

What Function Does the Ontario Small Claims Court Serve?

2008-04-14T17:38:00.000-07:00

Ok, so you have this small claims court in Ontario where you can sue or get sued for claims up to $10,000, but what is the point of a separate court for small claims?

Well, for one, the relatively small amounts awarded in the small claims court makes it a quasi "People's Court". The court is meant to be quick, and user-friendly so that people can represent themselves. However, we stress the word meant because many Ontarians find the small claims court to be confusing, time confusing and just plain overwhelming. In my honest opinion one is better off with a small claims court paralegal then handling a matter himself or herself.

Nevertheless, the small claims court is a court of equity, meaning fairness, and oftentimes a small claims dispute will be decided without any reference to Canadian caselaw or legislation, but rather with good old common sense. Of course, one person's common sense, can sometimes be another's idiocy!

© Access Professional Directories Inc. and http://www.MrSmallClaimsCourt.com/
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For more information, visit http://www.MrSmallClaimsCourt.com/

What Is The Small Claims Court?

2008-04-09T14:08:00.000-07:00

Many Canadians Don't Know Where To bring Their Small Money Disputes

It's funny, I think we all just assume that everyone knows what the small claims court is. For us lawyers, paralegals or legal professionals who are constantly in small claims courts across ontario, we think, "O.k. someone owes my client $5,000, off to the Toronto Small Claims Court I go". But for a number of Canadians, they don't even know where to start. That's why I thought it would be helpful to begin this blog by explaining what the small claims court is.

Defining The Small Claims Court

The Small Claims Court can be defined as "A court that handles civil claims for small amounts of money." In the case of Ontario small claims courts, the monetary jurisdiction is limited to claims of$10,000. Although you can sue for more than $10,000 in the small claims court, you will be limited to maximum recovery of $10,000 plus your legal costs.

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For more information, visit http://www.MrSmallClaimsCourt.com/