Small Claims Court Toronto
Small claims courts, also known as county courts or magistrate courts depending on the jurisdiction in which they are located, have the standard function of trying civil cases between private litigants regarding matters of money that are not large in value. This type of court can incorporate other functions and in Toronto, this is no different. It should be noted that small claims courts operate separately from superior courts.
If you go to small claims court to present a case, the monetary value of the case cannot be more than $25,000. Some examples of small claims court cases may include tenant and landlord disputes, wages owed by an employer and not paid, or compensation not rendered for services, like plumbing, electrical work, and so on; some clients for example, may refuse to pay for services rendered if they feel the service has been poor.
Before you can file a claim in small claims court, you have to have attempted to settle things yourself before hand, and you have to have proof of this. If you don’t, the court will penalize you. Try to negotiate an amicable solution with the party in question first. If you try for a month and fail, you’ve met this legal requirement; in that case, write down everything you know about your case, and then get a lawyer. Your lawyer will then present this information to the court. You also have to warn the other party that you will be going to court to resolve this.
There are some things you need to bring with you to present your case before small claims court. First, prepare two copies of your claim, one for yourself and then one for the court. You’ll also need to pay a court fee to file a claim. This claim form is served to the defendant. You can do this yourself if you wish once the court has stamped the document. There’s other documentation as well that’s involved in the small claims process.
Once the court decides to hear the case, you will need to wait for notification for a final hearing. You will also be required to send copies of the documents you will be presenting at least a fortnight before the hearing takes place. Failure to do so will result in your case being postponed and as a penalty, you may have to incur all the costs of the suit. Your legal representation should assist you through these procedures and advise you accordingly. The court will then set the date for a hearing. If you will not be able to attend the hearing, you need to put this in writing, stating your reasons before sending it to the court.
It can be very frustrating indeed if you don’t have proper legal representation. When the verdict is handed down, it is deemed final. It’s not subject to appeal unless an irregularity has been found in the proceedings or the court did not adhere to the law as it pertained to claim. Only a good lawyer is going to be able to help you find your way through this process. If the defendant is a cooperative, and refuses to cooperate with the court’s ruling, you’ll waste your time and money in small claims court and may force transfer to a higher court. Besides that, you may lose out on monies owed you that were the original subject of your claim. Because of that, it’s very important that you get a good lawyer so that you don’t experience these difficulties.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court Toronto that specializes in the GTA area
