In Ontario, the Small Claims Court is a branch of the Superior Court of Justice. They handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $35,000. This amount excludes interest and any other costs such as court fees. Some examples of Small Claims Court cases are disputes such as unpaid invoices, loans that haven’t been repaid, and defects in a home after purchase.
The amount that can be claimed was recently increased from $25,000 to $35,000 on January 1, 2020. What this means is that some cases that were originally filed in the Superior Court for $35,000 or less before January 2020 may now be transferred to Small Claims Court.
Another option you may choose, if the amount of your claim is over $35,000, is to waive the excess amount over the $35,000 and pursue an action in Small Claims Court. However, you will have to give up any claim to the amount of money over $35,000 and any future right to get this money in any other court. As well, you cannot divide the amount of money you are claiming into separate cases. So if you want to sue for more than $35,000, you will have to take your case to the Superior Court of Justice.
One last thing to consider is that there may be a time limit as to how long you can wait before making a claim. In most cases, a claim can't be filed if more than two years have passed since the incident.
With offices located in Barrie and Wasaga Beach, De Palma & Associate Legal Services can provide legal representation for Small Claims Court cases, landlord & tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions) and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions about Small Claims Court or any legal representation you might need, give us a call at De Palma & Associate Legal Services to find out more - (705) 429-2401.