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.
That said, a judge can do a few different things after hearing all sides of your case and considering all of the evidence entered by you and the other party involved:
* Award you on all accounts
* Give you a lesser amount
* 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 court 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 way all the information and laws that you aren’t aware of will be known by the paralegal. This can definitely give you an edge in the courtroom. A paralegal will be able to advise you on:
* What needs to be entered as 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.
One of the best parts to hiring a paralegal is they will help you keep from misrepresenting yourself and getting confused in the process. If this is your first go round in a small claims court, it can be a nightmare if you’re not prepared.
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.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area
August 26, 2010 by Melissa Weber