Professional Small Claims Court Services, Just Cause Advocacy
Just Cause Advocacy has been representing the Ontarians in Small Claims Courts for several years now. We help companies, individuals, finance companies, small businesses, and corporations in the Small Claims Courts of Ontario & Toronto for the recovery of any amount of money owing to them.
Our extensive experience in Ontario Small Claims Courts, means we have the right knowledge, equipment, and resources to represent you professionally and in the proper way. We can assist you with the entire legal process of Small Claims Court in Ontario from the start to the end.
Hire Professional Small Claims Court Service Provider in Toronto
What is Small Claims Court?
The term”Small Claims Court” has existed under various names in Ontario since colonial times, and it is a branch of the Superior Court of Justice. These Courts are designed to settle small civil disputes in which one party sues another party for some form of private relief and parties can represent themselves. Procedures are simple and informal compared to the Superior Court.
These are actually a branch of the Superior Court of Justice
- Civil trial court
- No jury trials
- Standard of proof: balance of probabilities
- No criminal or quasi-criminal jurisdiction
- The relief sought is usually money
Small Claim Court Toronto, Ontario
In Toronto, Ontario, Small Claims Court plays an essential role in handling disputes related to money or return of property. It’s one branch of the Superior Court of Justice. However, this court is unique since it does not deal with criminal or quasi-criminal jurisdiction. It only hears civil cases where one party, also identified as Plaintiff, sues another party for private relief. These actions have a limit of $35,000.
Small Claims Court is the right choice if you don’t want to take the civil case in the Superior Court of Justice. Here, the Superior Court of Justice refers to the court that’s controlled by complicated procedural requirements and rules. The complex regulations and requirements are essential in driving the legal representation cost upwards.
The Small Claims Court plays an essential role in improving public access to justice. Here, the Plaintiff can have a chance to hire a paralegal to represent them at cheaper rates. Also, the amount claimed in this case is comparatively modest since it goes only up to $35,000.
At Just Cause Advocacy, we have highly trained and trusted paralegals who are always ready to fight for your rights. We make this a reality by pursuing your claim in such a way that you are comfortable with. We will handle the claim professionally and reliably and keep you updated from time-to-time on every progress we make.
We represent you in the entire process from the beginning to the end. This includes demand letter, plaintiff’s claim, default judgment, defense, attending motions, attending court proceedings, trial attendance, and judgment enforcement. Also, we represent you in other services such as skip-tracing, legal research, the commission of affidavits, correspondence, and many more.
With the help of our professional paralegals in Toronto, you can be confident that we will handle your case with care and professionalism.
Access to Justice:
Litigation can be expensive and time-consuming – especially if we take into account legal representation fees and disbursements.
What Is Jurisdiction?
One of the most common questions asked Jurisdiction refers to the court’s area of legal authority over – does the court have the legal authority to make a judgment over:
- subject matter
- money amounts the court may award
- the geographical area where the court may make orders
What is monetary jurisdiction?
The highest amount of money or maximum value of the personal property a party may get back in a Court action, excluding interest and costs. Currently, the monetary jurisdiction of the Small Claims Court is $35,000, excluding interest and costs (CJA, O. Reg. 626/00)
What if the amount in dispute is slightly more than $35,000?
The plaintiff may choose to waive or abandon the excess in order to bring the action in the Small Claims Court summary procedure. A plaintiff who waives or abandons part of her claim forever loses the right to recover that part. Rule 6.02 prevents plaintiffs from splitting an action to overcome limitations.
Case Examples of Small Claims Court:
- Unpaid loans
- Property damage
- Personal injury
- Breach of contract
- Wrongful dismissal
- Disputes over services
- Car repairs
- Moving companies
- Building contractors
Small Claims Court Forms
Judges in Small Claims Court can only deal with cases where the cause of action arose in the Province of Ontario. Rule 6.01 states that an action shall be commenced in the territorial division in which the cause of action arose or in which the defendant resides or carries on business or at the court nearest to where the defendant resides or carries on business. A judge has the power to hold the trial in another place where the balance of convenience favors the new location.
Small Claims Court FAQ
Who May Represent a Party at the Small Claims Court?
A person licensed under the Law Society Act to practice law or provide legal services in Ontario (CJA, s. 26). Non-licensees who fall within the exemptions (Law Society Act, s. 1(8) and By-law 4, s. 28, 30). Court may exclude from a hearing a non-licensee appearing on behalf of the party if the court finds that the non-licensee is not competent to properly represent the party, or does not understand and comply at the hearing with the duties and responsibilities of an advocate (CJA, s. 26).
Just Cause Advocacy is your best choice when you are looking for a paralegal to represent you at a small claims court. Our Paralegals have extensive knowledge and experience and are ready to help you with any legal matters.
Can a paralegal represent you in small claims court Toronto?
Knowledgeable and licensed paralegal can help you with representation. Our Toronto Paralegals provide legal help to residents of Ontario with any legal matters under $35,000.00. If you believe that your case is more than CA$35,000.00 you can proceed with lawyers, or if it’s slightly higher than that amount, you will be able to wave some amount. If you chose to do so, you could save a lot on the cost of lawyers which charges more than a paralegal in Toronto.
Can you sue someone who owes you money in a Small Claims Court Ontario?
Before you go ahead and sue a person, it’s recommended that you try to work things out yourself and if he/she refuses to pay your money, you can call Just Cause Advocacy to sue the person in a small claims court. Our paralegals can file a lawsuit in a Small Claims Court, and we will represent you in court to sue the person who owes you money.
How much does it cost to go to a small claims litigation process?
As of July 2019, It costs $102 for initial file and it costs $73 to file a defense cost. Using a paralegal service from Just Cause Advocacy in Toronto can help you win the case. If the case is won, you can ask the judge for parts of your costs up to 15% of the actual claim. In most cases when you have a paralegal, you can win the case and get most of your money back which is worth it to go to file a claim in Small Claims Courts Toronto.
How much does a Paralegal Charges for small claims in Toronto?
Depends on the service you request from Just Cause Advocacy and your claim; and because of this difference we have placed a FREE CONSULTATION for our customers to ask about our prices. With paying this amount, our paralegal will handle all your paperwork, and we will represent you in the court. There are ways that our paralegals can advise so you won’t pay anything at the court and to get back all your money.
The Way that Small Claims Court works in Ontario
To successfully sue in Ontario Small Claims Court, you need to do some homework. Here, you need to go through the rules relating to procedures for filing your claim, defense, and even counterclaims. Also, you need to keep the stipulated time deadlines and obey the rules for proof of service of documents and the standards for service. Other than this, you need to have some knowledge relating to proceedings and default judgment.
The Small Claims Court process has three primary stages. They include:
• Preparation of pleadings
This stage entails preparing the defense or the claim. You need to do this without considering if you’re the defendant or the Plaintiff. After this, you file the pleadings with the Small Claims Court. Also, this is the time when you pay the appropriate court fee.
• Settlement conference
You cannot escape from attending these conferences. They are the mandatory informal meetings that happen between the concerned parties. Here, the judge will try to reach a settlement without a trial.
In this stage, the judge will have to hear witnesses, go through the evidence, and then issue a final judgment.
Who to talk to
It is easy to file your claim in a Small Claims Court in Ontario. The only thing you need to do is to go to the courthouse. Here, you will address the clerk about your issue. There is a high chance that you will be given the forms that you need to fill with specific information relating to your case. But be ready to pay a filing fee. The defendant needs to receive a copy of the lawsuit so they can prepare to defend themselves.
Case Examples of Small Claims Court
Also, you can identify this case example as a bad debt. Here, you need to provide evidence supporting the existence of the debt, the unpaid amount, the time when the person was required to pay, and that the individual has not paid the amount.
Here, it means that the person you want to sue has damaged your property because of their negligence or intentional behavior.
This case example is only valid if the person you want to sue did a specific negligence or intentional act that made you suffer a personal injury.
Breach of Contract
For this, it means that there is one term or several terms of a valid oral or written, or implied contract that the person you want to sue has broken. It means that you’re suffering a monetary loss because of this.
This case example can arise out of constructive dismissal or actual dismissal. It happens after breach dismissal of the employment contract. Here, the agreement can be either oral contract or written contract.
Disputes over services
When you have a disagreement and conflicts over car repairs, moving companies, and many more services, you can decide to report the issue to a Small Claims Court. By doing this, you will bring a win-win end to the dispute within a short period. Also, this is essential since it allows you to end your stress and keep on with your life.
Just Cause Advocacy can help you in all the stages of the Small Claims Court process. When you hire us, we will take care of all the paperwork and give you the right guideline and procedures to follow as you move the case through the court system.
Currently, we provide Small Claims Court services in Toronto, Ontario. Other than this, we have a highly experienced team of paralegals who are always ready to assist you. Therefore, take your phone and call us today for our recommendable Small Claims Court Services.