Small Claims Court In Canada - Do You Need Representation?
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.
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.
Depending on the province, there will be a cap on how much money you can ask for in a small claims court. For instance, in Ontario the maximum allowed was $10,000, but that has recently been more than doubled to a $25,000 limit. That means when you file in a small claims court in Ontario the most you can ask to be awarded from the defendant is $25,000.
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 on all accounts
* Give you a lesser amount
* Possibly rule in favor of the defendant and award you nothing
* Make a judgment for the defendant if they brought forth a counter-claim
What it comes down to is the best scenario would be to get everything you ask for as the plaintiff. Unfortunately this doesn't always occur. Plus, if you're unaware of the Canadian laws or even the local laws in the province it can be even more difficult.
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:
* Entering everything that needs to go into evidence
* The specific things you should say in court
* How to behave and how to respond to the defendants comments
* How to describe your case and fill all the paperwork out properly
Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal's assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.
Paralegals help to keep you from misrepresenting yourself in court or getting confused about the process. If you've never filed a claim before this can be a complete nightmare.
You: The Defendant
If you are the defendant going into small claims court because someone else has filed against you, then seeking representation must be the first thing you do after finding out about the case. A paralegal will help you understand all aspects of the claim and can find loopholes or mistakes on the filer's part which could get you off completely or get you awarded money on a counter claim.
In the end it doesn't matter what side you're on when it comes to a small claims court. If you take a look at the Canadian legal system on your own you will soon realize that it's extremely complicated. Granted, criminal and jail time is not involved, but you can still lose quite a bit if the ruling goes the other way.
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.
Depending on the province, there will be a cap on how much money you can ask for in a small claims court. For instance, in Ontario the maximum allowed was $10,000, but that has recently been more than doubled to a $25,000 limit. That means when you file in a small claims court in Ontario the most you can ask to be awarded from the defendant is $25,000.
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 on all accounts
* Give you a lesser amount
* Possibly rule in favor of the defendant and award you nothing
* Make a judgment for the defendant if they brought forth a counter-claim
What it comes down to is the best scenario would be to get everything you ask for as the plaintiff. Unfortunately this doesn't always occur. Plus, if you're unaware of the Canadian laws or even the local laws in the province it can be even more difficult.
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:
* Entering everything that needs to go into evidence
* The specific things you should say in court
* How to behave and how to respond to the defendants comments
* How to describe your case and fill all the paperwork out properly
Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal's assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.
Paralegals help to keep you from misrepresenting yourself in court or getting confused about the process. If you've never filed a claim before this can be a complete nightmare.
You: The Defendant
If you are the defendant going into small claims court because someone else has filed against you, then seeking representation must be the first thing you do after finding out about the case. A paralegal will help you understand all aspects of the claim and can find loopholes or mistakes on the filer's part which could get you off completely or get you awarded money on a counter claim.
In the end it doesn't matter what side you're on when it comes to a small claims court. If you take a look at the Canadian legal system on your own you will soon realize that it's extremely complicated. Granted, criminal and jail time is not involved, but you can still lose quite a bit if the ruling goes the other way.
About the Author:
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area
