Is It Easy to Handle a Case In Small Claims Court?
The Small Claims Court Is a Genuine Court of Law As a Division of the Superior Court of Justice and Functions Far Differently Than What Is Observed By Watching Television Court Shows. The Small Claims Court Operates With a Unique Set of Procedural Rules. The Dispute Specific Substantive Law Is the Same As Applies In the Higher Court.
A Helpful Guide to Understanding Why It Is Called the Small Claims Court Rather Than the Simple Cases Court
It is known as the Small Claims Court rather than the Simple Claims Court because litigation for sums of money less than $35,000 can be as complicated, and sometimes even more so, than cases beyond the $35,000 limit of Small Claims Court (the limit of $35,000 became effective January 1 2020). Do note that the $35,000 limit applies exclusive of court costs, legal representation costs, and interest.
The Procedural Law
Just the same as with cases for sums beyond the $35,000 limit that are pursued in the higher court, a case in the Small Claims Court will involve the procedural law regarding the rules for the process of how a legal matter is conducted as well as the substantive law that applies to the actual legal issue in dispute. The procedural law is known as the Rules of the Small Claims Court which is essentially the general how to manual for the process of conducting a Small Claims Court case including what documents, being specific forms, are required as well as the step-by-step manner by which a legal case in the Small Claims Court occurs.
For sources of further helpful information regarding the rules of procedure and forms applicable to the Small Claims Court, see:
- Rules of the Small Claims Court
- Small Claims Court Forms
- Ministry of the Attorney General, Small Claims Court
Silvat Syed Legal Servicesprovides affordable servicesas a Paralegal in:
Learn More About
Small Claims Court Rules:
An Affidavit document is a document sworn or affirmed, under Oath, and a document for which the truthfulness of the statements within must be genuinely true.Learn More
Generally, the Rules of the Small Claims Court limit a costs award for reimbursement of legal fees paid to a qualified representative to fifteen (15%) percent...Learn More
The document disclosure processes of the Small Claims Court are often described as easy enough for a self-represented layperson without legal training;...Learn More
A good and proper pleading document, again whether the commencing document, being the Plaintiff's Claim or Statement of Claim, or even the responding Defence...Learn More
When Is Hearsay Allowed In Court? When a Person Testifies In Court About What a Person Only Knows As Second-Hand Information Hearsay Such Evidence Is Deemed...Learn More
Generally, costs awards in Small Claims Court are limited to actual reimbursement for the expenses incurred for representation (lawyer, student-at-law, or...Learn More
Limitation periods are time limits that restrict when legal proceedings may be commenced. In Ontario, generally, with some specific exceptions, the...Learn More
The monetary jurisdiction of the Small Claims Court allows for each Plaintiff to bring claims up to the $35,000 limit; and accordingly, a Defendant may be...Learn More
The law, generally, permits reasonable name corrections as necessary. A correction is often made merely on Consent; however, if a party is unwilling to...Learn More