To stand a chance of winning at this court, you must understand the rules, and legal terminologies when filling out the forms, and court procedures. Navigating your claims in small claims court isn’t as straightforward as most Canadian residents think.
Avoid default proceedings at all costs in this court. At Salahi Paralegal, we provide our clients with a questionnaire on small claims court in Ontario. You must also get acquainted with the responsibilities of defendants and plaintiffs.
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All small claims court in Canada operates under the regulations of the Rules of the Small Court, O Reg 258/98. Each criterion under this act has been assigned a number for the proper reference.
At Salahi Paralegal, we make it our job to run you through the rules attached to your case during briefings.
We provide relevant references needed to help you fill out your forms and other questions at the court. You’d get to understand the legal actions and every step of the court proceedings with us.
Small claims court in Ontario only rules over cases or claims involving cash or property valued at most $35,000. This amount would not include the owner’s interest rates or additional costs on the money or property.
Ontario residents looking to sue over claims with a valuation over $35,000 may have to take it up to the Supreme Court of Justice.
This is where you can make the right civil litigation over properties of money claims above that amount.
The small claims court would only attend to claims that meet its criteria.
Your property or money claims must meet a variety of agreements before the court accepts them. All unpaid accounts for goods or services must be tendered to the court for review. You must also include loan attachments or unpaid rent of the accused when filing your claim.
Damages may also be claimed over personal injuries, property damage, or a breach in your contract terms.
If you’re making claims at the small claims court in Ontario, you should prepare for what’s called “Costs.” It’s a legal term that subjects both parties to a paid fee at the small claims court. You should expect to pay a one-time fee to the claims court for your legal proceedings. The fee paid to the court is different from our charge for legal representation. Salahi Paralegal only prepares you for the proceedings.
You’d bear the cost of printing, court filing, and documents serving.
There’s a standing cap on legal fees which by law can be recoverable by the other party. It is capped at 15% of the money or property’s worth which was initially claimed.
The percentage may go as high as 30% when the other party prefers to settle. All costs are subject to the discretion of the court. Factors like the offer for settlement and the conduct of both parties may also influence the costs of your claim.
There is a lot of paperwork and forms for filling out at a small claims court. Some of the common ones are the defendant’s claim, the plaintiff’s claim, the offer to settle, the list of proposed witnesses, and the terms of the settlement.
These forms are mandatory and must have the valid information of every signatory associated with the case.
Check out the official web page of Rules of the Small Claims Court for the forms required to make claims.
Salahi Paralegal provides soliciting legal services to all civil small claims proceedings in conjunction with the Court of Justice Act.
We are a team of competent paralegal professionals with years of representing legal motions, serving plaintiffs’ and defendants’ claims, as well as trial representations related to small claims.
You can also trust us for the most reliable legal representation during all examination hearings and enforcement of judicial procedure.
Contact us today.
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