Small Claims

Put your best foot forward. Conflict is a normal and natural occurrence of interacting with one another. Day to day or lives are met and confronted with conflict. The cost of resolving conflict is negligible relative to the cost of leaving conflicts unresolved. Effective communication, legal knowledge and skill are all combined in Jaclyn’s approach to legal matters.

Jaclyn SolomonThe Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees.

This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are.

The Small Claims Court of Ontario is a civil court of equity where individuals or businesses may obtain justice by initiating or defending claims. The term 'equity' implies that the decision of the court will be to return the parties to the position they were in before the cause of action arose. Small Claims can be confusing to those unfamiliar with the legal jargon, and proper procedures, paperwork, and with many unknowns and unexpected circumstances.

Jaclyn prepares, and presents, allowing for your court attendance(s) and appearance(s) to prevail with the least amount of stress possible.

Jaclyn will simplify the resolution of your matter by guiding, recommending and advocating for you, throughout the process of suing and/ or defending a party in an action.

Matters in contention between you and the other party may be mediated at a Settlement Conference or decided by a Judge at the conclusion of an adversarial Trial.

Please do not hesitate to contact Jaclyn if she may be of any assistance in explaining the many complex issues involved in a Small Claims Court of Ontario, action.

If the amount of your claim is more than $25,000, you can still choose to use Small Claims Court. However, you will have to give up the amount of money over $25,000, as well as any future right to get this money in any other court. You cannot divide the amount of money you are claiming into separate cases. You cannot, for example, divide $30,000 into a $25,000 claim and a $5,000 claim in order to have the total amount dealt with in two cases.

Examples of claims that can be filed in the Small Claims Court include:

Claims for money owed under an agreement:

Claims for damages:

You must pay a fee to file a claim or defence in Small Claims Court and for most steps in a proceeding, such as filing a motion, requesting a trial date, and taking steps to enforce a judgment. The number of steps in a proceeding varies from case to case.

There are also fees and allowances that you must pay to witnesses you have summoned for their attendance and travel to court. In addition, you will have to pay for any interpreters you or your witnesses require, other than bilingual (English or French) interpretation and visual language interpretation, unless your fees are waived (see below).

A party – often the successful party – can ask that the other party be ordered to pay his or her costs, such as court fees. Jaclyn offers a reasonable hourly rate, or a flat fee which is reviewed in detail within the retainer agreement.

It is important to remember that a judgment is an order of the court; it is not a guarantee of payment. If you obtain a judgment in your favour, and the debtor fails to pay you as required by the judgment, you may have to take steps to enforce (collect) the judgment. In order for you to collect, the person or business must have one of the following:

Jaclyn SolomonThere may be a time limit to how long you can wait before making a claim. If you are uncertain about what period of time applies in your case.

Deciding where to file your claim is an important decision. You must file your claim in the court office that satisfies any of the following criteria:

The example below represents a typical dispute (reasons for the claim) and provides an overview of the initial steps involved in Small Claims Court to help you to understand how it works. The procedures outlined include: