What types of cases can be heard in Small Claims Court in Ontario?

Have you ever had a situation where someone owes you money, or maybe someone damaged your property, and you weren’t sure what to do next? Small Claims Court in Ontario is designed to help people resolve these kinds of disputes without the complexities of the higher courts. In this article, we’ll break down the types of cases that can be heard in Small Claims Court and help you understand whether this option might work for your situation.

What is Small Claims Court?

Small Claims Court is a branch of Ontario’s Superior Court of Justice that deals with civil disputes involving monetary amounts up to $35,000. It’s designed to be faster, more accessible, and less expensive than other legal avenues. Think of it as the “people’s court” where individuals, businesses, and organizations can resolve disputes without requiring a lawyer. It’s often described as a way to get justice without the complexity of a formal courtroom.

Who Can File a Claim in Small Claims Court?

In Ontario, any person, business, or organization can file a claim in Small Claims Court as long as the dispute falls within its monetary limit and jurisdiction. You don’t need to have a lawyer to represent you, but you can hire one if you prefer. For many, this is one of the most appealing aspects of Small Claims Court – you can represent yourself and potentially save on legal fees.

Monetary Limit: How Much Can You Sue For?

Before diving into the types of cases, it’s important to know about the monetary limit. In Ontario, Small Claims Court handles cases involving claims up to $35,000. If your case is worth more than that, you’ll need to file in a higher court, or you can choose to waive the amount exceeding $35,000 to keep your case in Small Claims Court. Keep in mind, this limit includes the total value of damages, unpaid debts, or other financial losses you’re claiming.

Types of Claims Accepted

So, what kinds of cases can you bring to Small Claims Court? Generally, there are two main types:

1. Monetary Claims: Cases involving money owed to one party by another.
2. Property Recovery Claims: Situations where a person or organization seeks to recover personal property.

Let’s look at the specific types of cases within these categories.

Property Damage Claims

Imagine a neighbor’s tree falls on your car during a storm, causing significant damage. Or maybe a contractor accidentally damages your home while doing renovations. These kinds of property damage claims can be resolved in Small Claims Court. Whether it’s a vehicle, home, or other personal belongings, you can file a claim to recover repair costs or the value of the property damaged.

Breach of Contract Cases

Breach of contract cases are some of the most common in Small Claims Court. Think of a situation where you hired a contractor to renovate your bathroom, but they never finished the job, or the work they did was substandard. You can bring that contractor to Small Claims Court to seek compensation for the incomplete or poorly done work. Contracts don’t have to be formal, written agreements – even verbal agreements can qualify, though they might be harder to prove.

Unpaid Debts

Have you lent money to someone, and now they refuse to pay it back? Or maybe you’re a small business, and a customer hasn’t paid their invoice. These are classic examples of unpaid debt claims that can be brought before Small Claims Court. Whether it’s a personal loan, unpaid rent, or an overdue bill, Small Claims Court provides a mechanism to get the money you’re owed.

Claims for Personal Injury

While more serious personal injury claims are usually handled in higher courts, Small Claims Court can hear cases where minor injuries resulted in financial loss. For instance, if you were injured due to someone’s negligence and you’ve incurred medical expenses or lost wages (under the $35,000 limit), you can file a personal injury claim in Small Claims Court. This might apply to minor car accidents or slip-and-fall incidents that didn’t result in serious injuries.

Tenant and Landlord Disputes

Another common use of Small Claims Court is for resolving disputes between tenants and landlords. While some issues are handled by the Landlord and Tenant Board, there are instances where Small Claims Court is appropriate. For example, if a tenant has damaged the rental property or if a landlord is withholding a security deposit unfairly, these types of cases can be brought to Small Claims Court.

What Cases Are Not Accepted in Small Claims Court?

It’s important to note that Small Claims Court cannot hear every type of case. There are some limits. For example:

• Family law matters, such as divorce or child custody.
• Criminal cases, which are handled by criminal courts.
• Estate disputes, involving wills or inheritance, are generally outside Small Claims Court jurisdiction.

If you’re unsure whether your case qualifies, you can always consult the court or seek legal advice.

Read More : What Are the Benefits of Hiring a Landlord and Tenant Board Paralegal?

Filing a Claim

The process of filing a claim in Small Claims Court is fairly straightforward. You’ll need to fill out a claim form, which details the nature of your dispute, the amount you’re seeking, and the reasons why you believe you’re owed that money. You can file this claim either online or in person at the local courthouse. After that, the defendant will have the opportunity to respond.

Attending Your Court Hearing

Once your claim is filed, both parties will attend a court hearing. While this might sound daunting, the process is usually less formal than in higher courts. Both parties will present their evidence, and the judge will make a decision based on the information provided. In some cases, a settlement may be reached before the hearing takes place.

FAQs

1. Can I appeal a Small Claims Court decision?

Yes, you can appeal, but only on legal grounds, not just because you’re unhappy with the judgment. Appeals are heard in Divisional Court.

2. Do I need a lawyer to go to Small Claims Court?

No, you do not need a lawyer, though you can hire one if you prefer. Many people represent themselves in Small Claims Court.

3. How long does it take to get a hearing date?

On average, it takes several months from the time you file a claim to the hearing, but this can vary depending on court availability.

4. What happens if the defendant doesn’t show up for the hearing?

If the defendant doesn’t appear, the court may rule in your favor by default, granting a judgment based on the evidence you provide.

Conclusion

Small Claims Court in Ontario is an invaluable resource for resolving a wide range of disputes without the need for expensive legal representation or drawn-out court battles. Whether it’s recovering unpaid debts, addressing property damage, or holding someone accountable for breaching a contract, Small Claims Court offers an accessible path to justice for amounts up to $35,000.