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Small Claims court until $ 25,000
Small claim court
What kinds of cases go to Small Claims Court?
The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees.This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are.
If the amount of your claim is more than $25,000, you can still choose to use Small Claims Court. However, you will have to give up the amount of money over $25,000, as well as any future right to get this money in any other court.
You cannot divide the amount of money you are claiming into separate cases. You cannot, for example, divide $30,000 into a $25,000 claim and a $5,000 claim in order to have the total amount dealt with in two cases.
Examples of claims that can be filed in the Small Claims Court include:
claims for money owed under an agreement:
What proof do I need to support a claim?
You will have to prove your case. Consider what witnesses and/or documents (for example, contracts, NSF cheques, record of payments) you have to support you. If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful. However, if it is just your word against the other person’s, it may be more difficult to prove your case.
You will be required to write in the claim form a short, clear summary of the events that took place and the reasons you think you are entitled to a judgment (court order). Copies of documents that you intend to use to support your claim must be attached to the claim form if you decide to go ahead. Refer to the “Guide to Making a Claim” for more information.
The other party is able to respond to your claim and may give evidence that will affect the judge’s view of your entitlement.
We excel in oral and written advocacy in all types of construction liens.
The Ontario Construction Lien Act creates a charge upon land to prevent the owner of the land from benefiting from improvements to their land without payment. The ultimate remedy in case of non-payment is the sale of the owner’s interest in the premises to satisfy the claims of valid lien claimants.
A preserved lien expires unless an action is commenced to enforce that lien and, if the relevant lien remains on title, a certificate of the action is registered against the title to the land within a specified number of days. The time allowed for perfection differs from province to province. In Ontario, an action to enforce a preserved claim for lien must be commenced within 45 days following the last day upon which the lien could have been preserved.