If you are wondering if you should seek legal advice, it is always beneficial to book a consultation with a Legal Representative. Seeking legal advice sooner rather than later can save you time, unnecessary stress, and help you avoid costly errors which may weaken your case. This allows you to provide yourself with the best possible odds of a favourable outcome in your matter.

An Ontario Small Claims Court Paralegal is able to assist in a number of ways including establishing if your matter has merit, building your case, managing court appearances, assisting with potential settlements, and handling all of that paperwork. A Paralegal can ensure you stay organized and your matter stays on track. Our experience and knowledge in legal strategy can be an asset in managing your claim or defence.

Having a legal representative handle your Small Claims Court matter, and even just consulting with a professional about your case, can make a huge difference in terms of resolution and outcome. Many Small Claims Court Paralegals, including myself, do not charge for initial consultations which means you can only benefit from assessing your options and seeking guidance. Set yourself up for success and seek legal advice as soon as possible.

This number varies on a case by case basis in Ontario Small Claims Court. Every legal matter is a unique situation with a differing set of facts. It is important to assess the scenario to decide on the amount in dispute, as determining the right claim amount is crucial. This usually involves reviewing supporting evidence, calculating financial losses, and analyzing how this has impacted you.

It should be noted that within the Ontario Small Claims Court the maximum amount which one is able to request is $35,000.00. Any amount over this is a matter of Civil Litigation, and cannot be assessed by the Small Claims Court due to this being outside of jurisdiction.

This is why there is a “fine line” so to speak in determining the amount for your claim. You want to be realistic, but you do not want to claim too little, as this would mean that you are not recovering the full amount which you are entitled to or have lost. Alternatively, filing a claim for more than $35,000.00 requires a higher court and may cost more money in both legal fees and costs.

If you are unsure of the exact sum you should claim, booking a consultation with a Small Claims Court Paralegal could be of benefit to you.

When an individual fails to uphold their end of a contract, it can severely impact the individuals who are involved. Whether you are a business or an individual, this can be extremely detrimental.

It is important to carefully review the terms of the contract to confirm how this breach has occurred and what your legal rights are in this scenario. Additionally, if you haven’t already, you should bring this breach to the attention of the other party. There is a chance that remedy could occur privately without taking further steps if the breach is minor in nature and the other party is willing to cooperate with you. However, often remedy for a breach cannot be resolved directly with the other party.

If the party is not willing to negotiate resolution for this breach, a viable step may be writing a demand letter for payment. This is a viable route to take if you hope to avoid court, and the letter can later be used as evidence should the matter need to be escalated. The demand letter should be formal in nature and touch on the breach itself, the damages you have suffered, and the appropriate timeframe for private resolution.

If all else fails, it may be necessary to bring an action for breach of contract within the appropriate court jurisdiction. If the amount is under $35,000.00, the matter can be addressed by the Ontario Small Claims Court.

It can be intimidating to be served, especially if you aren't familiar with the Ontario Small Claims Court process. Rest assured, you are not alone in that. If you find yourself in this position, the most important thing to do is stay calm and take action to protect yourself.

The first step in this scenario is to thoroughly read through the Plaintiff’s Claim, ensuring that you understand aspects of the document including the sum being requested and the allegations being made against you.

Next, familiarize yourself with important deadlines to allow yourself time to plan, respond, and obtain legal advice. Additionally, it is critical to understand the deadlines involved in Small Claims Court (SCC) to ensure that a judgment is not made against you in your absence.

You are able to seek legal advice in your matter to discuss your case, address your concerns, and get a more clear understanding of your options. A Small Claims Court Paralegal can assist you with preparing your defence reviewing the claim, making appearances on your behalf, negotiating settlement, and completing the required responding forms.

No matter the route you choose to take, you have the right to file a defence (Form 9a) and put your side of the story on the record.

So you’ve been awarded Small Claims Court judgment in your matter; this is half the battle. In an ideal circumstance, the other party would write you a cheque for the full amount and you would be able to put this matter behind you. Unfortunately, too often individuals do not comply with the court order.

In this case, you may have questions about if and when you will be able to receive the amount awarded in Small Claims Court (SCC). The next step in obtaining this sum is to take action on judgment enforcement. This may first involve investigation to reveal the assets owned by the debtor, writing a demand letter, or offering a payment plan to the other party.

If all else fails, you have options including filing a Writ of Seizure and Sale, garnishing the debtor’s wages or bank account, filing to seize and sell personal property, reporting judgment to a credit bureau, and registering a lien on real property such as a house owned by the debtor.

There are steps which must be taken prior to these enforcement options, but it is critical to know that there are solutions available to you if all else fails. A Paralegal with experience in judgment enforcement may be able to help in obtaining the court judgment which you were awarded.

Small Claims Court (SCC) is an Ontario court that provides a more simple and cost-effective way to resolve legal disputes within its defined jurisdiction. In order for a case to be eligible to proceed under the Ontario Small Claims Court, it must be a claim in the amount of $35,000.00 or less. This is a more accessible way for the average individual who is faced with a legal issue to seek justice and remedy.

Another benefit to the Small Claims Court system is that you are able to be represented by a Paralegal as this court is within their jurisdiction. Many individuals prefer Paralegals for Small Claims Court matters because they have received specific education in these matters and this court system in contrast to Lawyers who focus in on different courts which handle civil litigation. While court is still unfamiliar to the average individual, the Ontario Small Claims Court and Paralegals work to make this process faster, easier, and lower cost.

A variety of legal disputes are heard by the Small Claims Court of Ontario, but some common ones include unpaid debts, breach of contract, property damage, minor personal injury matters, and defamation. If you have a claim that falls into any of these categories, or have faced financial losses or damages and are looking to reclaim this monetary amount, you may have a matter for the Small Claims Court.