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Small Claims Court

Small Claims Court representation in Ontario

Owed money, or being sued? Ontario Small Claims Court hears claims up to $35,000, not counting interest and costs. Butler Legal Services helps start a claim or defend one.

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Common Small Claims matters

How a Small Claims case unfolds

  1. Demand letter. A clear written demand often resolves things, and it supports the case if it goes further.
  2. Plaintiff’s Claim. The claim is filed with the court and served on the other side.
  3. Defence. The defendant generally has 20 days after being served to file a defence.
  4. Settlement conference. A judge helps the parties try to settle before trial.
  5. Trial. Without a settlement, the judge hears the evidence and decides.
  6. Collecting. A judgment is not the same as being paid. Enforcement options exist, such as garnishment.
Time limits apply. There are generally two years from when a claim was discovered to start it, with some exceptions. Waiting can cost the right to sue.

Is it worth suing?

Three practical questions come first: Can it be proven? Can the other side pay? Is the cost of pursuing it reasonable compared with what could be recovered? The costs recoverable from the other side in Small Claims Court are limited, so those numbers are reviewed together before any commitment.

If you have been sued

Do not ignore the claim. Check the date you were served and reach out quickly. A defence filed on time keeps you in the case, and there is then room to consider settling, making a formal offer, or going to trial.

Ways to get help

Full representation covers the matter from start to finish. Limited scope services cover specific tasks, such as preparing your claim or defence, coaching you for a settlement conference or trial, or appearing for you once.

Owed money, or served with a claim?

Share the documents and the date of service, if any. The deadline and your options come first.

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