SMALL CLAIMS COURT

The information provided below is not legal advice, and it may not apply in every situation.

Before making a claim, there are a number of factors you may want to consider, and a number of pieces of information you will need to collect. Listed below are the "who", "where", "what", "when" and "how" of filing a claim.

WHO do you want to sue? - Do you know the legal name of the person or business and a current residential or business address? If you win, will you be able to collect from the person/business? Does the person/business owe others money?

WHERE should you sue? - Is the Small Claims Court the right place for you to bring your claim? You can only sue for money or the return of personal property valued at $ 25,000.00 (Canadian) or less, not including interest and costs. If the amount of your claim is more than the current limit, you may still choose to use Small Claims Court because it is simpler and less expensive. However, you will have to give up any future attempt to recover the excess amount over the Small Claims Court limit, even in another court.

In addition, you cannot divide the amount of money you are claiming to try to recover it in separate cases. You cannot, for example, divide a $ 25,500 claim into a $20,000 claim and a $500 claim to be dealt with in a second case. If you believe you are owed an amount higher than the Small Claims Court limit and you want to try to recover all of it, you will have to take your case to a higher level in the Superior Court of Justice.

Which Small Claims Court office should you file your claim in? You must file your claim in the office in the area where one of these conditions applies:

o        where the problem occurred (the location of the cause of action);

o        where the party against whom the claim is filed (the defendant) lives or carries on business; or

o        the court's place of sitting (courtroom) nearest to where the defendant lives or carries on business.

WHAT information do you have to support your claim?

·         Do you have enough evidence to support your claim?

·         Do you have any written evidence or documentation such as a contract?

·         Do you have a record of any payments, returned cheques, etc. and/or a clear recollection of what happened and when?

WHEN should you sue?

·         How long ago did the dispute take place? There may be a time limit on how long you can wait before making a claim, which is set out in the Limitations Act. If you are uncertain about what limitation period applies to your case, you should consult a lawyer.

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