Small Claims
If you are considering initiating a Small Claims Court lawsuit in Ontario, Paragon Paralegal can provide valuable assistance throughout the process. We can guide you through the various steps involved in bringing a claim, from drafting and filing the necessary court documents to representing you in court.
We can help you assess the merits of your case and determine whether legal action is a viable option. We can also assist you with identifying and gathering relevant evidence, preparing your case for trial, and negotiating a settlement if appropriate.
As Small Claims Court Paralegals, our goal is to help you achieve a successful outcome in your Small Claims Court lawsuit. With our knowledge of Ontario’s legal system and our commitment to providing personalized, high-quality legal services, we are well-equipped to assist you every step of the way.
What are the procedures of Small Claims Court?
I. Starting the Claim
The claimant starts the claim by filing a Plaintiff's Claim form with the court. This form includes details about the claim, such as the amount being claimed, the parties involved, and the reasons for the claim.
II. Serving the Claim:
Once the claim has been filed, the claimant must serve a copy of the Plaintiff's Claim form on the defendant.
III. Filing a Defence
The defendant has 20 days from the date of service to file a Defence, which sets out their response to the claim. If the defendant fails to file a Defence, the claimant may be able to obtain a default judgment against them.
IV. Settlement Conference
The court may schedule a settlement conference to try to resolve the dispute before proceeding to trial. The settlement conference is an opportunity for the parties to discuss the issues and explore the possibility of reaching a settlement.
V. Trial
If the case is not resolved at the settlement conference, it will proceed to trial. The trial is usually held in a courtroom, and both parties will have an opportunity to present their evidence and arguments to the judge.
VI. Judgment
After the trial, the judge will make a decision and issue a judgment. If the claim is successful, the judge may order the defendant to pay the amount claimed, plus interest and costs.
VII. Enforcement
If the defendant does not pay the judgment voluntarily, the claimant may need to take steps to enforce the judgment, such as garnishing wages or seizing assets. It is important to note that the procedures of Small Claims Court may vary depending on the specific circumstances of the case
There could be other steps that have to be taken in the context of this procedure which includes:
1. Motions:
A motion is a proceeding within a proceeding, it is used to seek a relief from the court such as:
- Set aside any steps taken to enforce a default judgement:
One of the most common motions in Small Claims Court is to set aside any steps taken to enforce a default judgment. This motion is typically filed by a defendant who failed to file a defense within the required time limit of 20 days. It is designed to cancel any previous motions that were initiated by the plaintiff to obtain a judgment without the defendant’s participation.
This situation can arise if the defendant did not file a defense with the court, failed to attend a Small Claims Court settlement conference, or did not appear for the trial itself. If any of these circumstances apply, the defendant may seek to set aside the default judgment and have the opportunity to defend their case.
- Adjournment: Where a party requests court to reschedule a settlement conference, this is useful when parties had already adjourned too many times, where the court rules do not allow further adjournment without the court’s permission.
- Strike out all or part of the part of party’s pleading
- Obtain a new trial
- Dismiss an action for delays: Where a party delayed a hearing unreasonably
- Motion to dismiss the claim: This motion is made when a party requests from the court to dismiss the plaintiff’s claim altogether. The most common reasons for these motions are:
a. The limitation period to commence the claim has expired (Limitation Act)
b. The defendant’s defense does not show any solid arguments, this will usually result with the plaintiff’s preparation for a motion to quash the defense.
c. The plaintiff’s claim is frivolous and vexatious where a trial will be considered a waste of the Small Claims Court and the parties time.
2. Enforcement pleadings
Enforcing a judgment can be a complex and overwhelming process. However, Paragon Paralegal is here to guide you through it. If you have successfully won your case in Small Claims Court, but the debtor is still refusing to pay the judgment owed, there are several options available to you:
- Garnish the debtor’s bank account or wages by completing an Affidavit for Enforcement Request and a Notice of Garnishment.
- Hire a collection agency to pursue the matter on your behalf, where they will contact the debtor through various means.
- If the debtor owns real property, you may be able to place a lien on that property by filing an Affidavit for Enforcement Request and a Writ for Seizure and Sale of Land with the court office and the sheriff. Personal property seizure is also an option, where the sheriff can seize personal property such as a vehicle or computer to compensate for the debt.
- Another option is an examination hearing, where the debtor is required to disclose financial information, such as bank account statements and wages, under oath. This information can be used to determine the best course of action for collecting the debt owed.
It’s important to note that the process of enforcing a judgment varies depending on the debtor’s financial circumstances. Contact us today at Paragon Paralegal to discuss your options and explore ways to help you obtain the judgment owed to you.
If you are thinking of initiating a Small Claims Court lawsuit or have been served with a Plaintiff’s Claim and need to prepare a defence, Paragon Paralegal can offer you guidance and support. We understand the complexities of small claims court proceedings and can assist you in navigating the process with confidence.
We can provide you with advice on the most effective strategies for your case, assist you in gathering necessary evidence, and help you prepare a strong case to present in court.
Contact us today to schedule a free confidential consultation and learn how we can help you with your Small Claims Court matter.