Sunday, April 27, 2008

What Types of Disputes Get Litigated in the Small Claims Court?

A question we're often asked is: "Can I sue someone for...?"

The usual answer is "yes"! The small claims court contemplates all sorts of different claims. In fact, if you take a look at the second page of a Form 7A Plaintiff's Claim, you will see the claims separated into all sorts of categories such as:
Breach of contract
Debt Collection and collection of debt and receivables in Ontario;
Construction litigation
Real estate litigation
Wills and estates
Promissory notes
Sales of goods
Wrongful dismissals.


With such a diverse listings of types of small claims, one might wonder which claims CANNOT be brought in ontario's small claims court...stay tuned for my next article.


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For more information, visit http://www.MrSmallClaimsCourt.com/

Monday, April 14, 2008

What Function Does the Ontario Small Claims Court Serve?

Ok, so you have this small claims court in Ontario where you can sue or get sued for claims up to $10,000, but what is the point of a separate court for small claims?

Well, for one, the relatively small amounts awarded in the small claims court makes it a quasi "People's Court". The court is meant to be quick, and user-friendly so that people can represent themselves. However, we stress the word meant because many Ontarians find the small claims court to be confusing, time confusing and just plain overwhelming. In my honest opinion one is better off with a small claims court paralegal then handling a matter himself or herself.

Nevertheless, the small claims court is a court of equity, meaning fairness, and oftentimes a small claims dispute will be decided without any reference to Canadian caselaw or legislation, but rather with good old common sense. Of course, one person's common sense, can sometimes be another's idiocy!


© Access Professional Directories Inc. and http://www.MrSmallClaimsCourt.com/
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For more information, visit http://www.MrSmallClaimsCourt.com/

Wednesday, April 9, 2008

What Is The Small Claims Court?

Many Canadians Don't Know Where To bring Their Small Money Disputes

It's funny, I think we all just assume that everyone knows what the small claims court is. For us lawyers, paralegals or legal professionals who are constantly in small claims courts across ontario, we think, "O.k. someone owes my client $5,000, off to the Toronto Small Claims Court I go". But for a number of Canadians, they don't even know where to start. That's why I thought it would be helpful to begin this blog by explaining what the small claims court is.

Defining The Small Claims Court

The Small Claims Court can be defined as "A court that handles civil claims for small amounts of money." In the case of Ontario small claims courts, the monetary jurisdiction is limited to claims of$10,000. Although you can sue for more than $10,000 in the small claims court, you will be limited to maximum recovery of $10,000 plus your legal costs.
© Access Professional Directories Inc. and www.MrSmallClaimsCourt.com


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For more information, visit http://www.MrSmallClaimsCourt.com/