Small claims court is where you go to sort out disputes between you and another private party or a business. The cases heard in this type of court are financially based, rather than being criminally based. Judges in a small claims court will come to a fair determination of who is owed or not owed money and how much should be rewarded.
Another thing you have to consider is the province, because the cap will fluctuate in each location. It used to be that Ontario, Canada would only allow for $10,000 to be the most awarded, but this has recently changed to $25,000. So when you file a claim in Ontario the most you can ask for now is twenty-five grand, but it doesn’t mean you’ll get it.
Now keep in mind there are a few things a judge can do once he or she has heard both sides of the case. The judge will then consider the evidence as well from each party and either:
* Award you everything you are asking.
* Award a lesser amount of what you are asking.
* Award you nothing at all.
* Make a judgment for the defendant if they brought forth a counter-claim
Obviously the best case scenario is to walk out of there getting everything you asked for, but this is usually pretty hard to do if both parties come prepared. Then again, if you’re not aware of all the Canadian laws and local laws in the province you’re in it can make it even more difficult. Since this is such an issue, most people who have to be present in a small claims court in Canada will hire a paralegal.
This is why most people who are going to small claims court in Canada will hire a paralegal to represent them. A trained paralegal will have in-depth knowledge about small court claims and will know a lot about the law in Canada. Some things that they will be able to advise you on include:
* What needs to be entered as evidence.
* The specific things you should say in court
* How to behave in court and respond to your defendant’s comments.
* How to describe your case and fill all the paperwork out properly
When you enter a verbal and written testimony, the judge is really good at picking up those small descrepancies between them. This is just one of the many reasons why a paralegal’s assistance will be required. They can help you prepare the initial paperwork and save you the hassle of trying to explain yourself. If you don’t it’s possible that something this small could cause you to lose the case.
With a good paralegal on your side, you are likely to misrepresent yourself in court or even become confused over the process, especially if you have never filed a claim before.
You: The Defendant
It’s also possible that you will be the defendant in the matter. If this is the case you should hire representation immediately. Since the plaintiff made a claim against you, a paralegal will be able to explain how it all works and find loopholes that occurred on the filer’s part. One of these small issues could win you the case and even award you money if a counter-claim suit is present.
No matter what side of the case you are on, the Canadian legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a small claims court proceeding.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area
