SMALL CLAIMS COURT MATTERS
Small Claims Court is a court of the Ontario of Superior Court of Justice. Small claims court matters have a less formal process. It is where parties with civil disputes with amounts up to $50,000, can bring a claim for damages(monies) and/or the return of property valued at $50,000.
Unlike the higher civil court, small claims court process is less complex, and matters are heard much quicker. On average depending on the workload of the court and the complexity of the case matters are generally set for trial in approximately one year or sooner from when the claim is filed with the court.
What is Small Claims Court?
Who can bring a claim in Small Claims Court?
In most situations where an individual or a business is either owed monies through a breach of contract, and/or a harm, which was caused as a result of an action or inaction action of another, the party can bring a claim using the small claims court process. It is important to know that small claims court matters are heard in the local small claims court where the incident occurred or where the defendant resides. For example, if you live in Hamilton the incident occurred in Brantford and the defendant lives in Burlington the claim would normally be field in Burlington small claims court.
Jurisdiction of Small Claims Court?
The jurisdiction or what matters the Small Claims Court can hear is for monies claimed or owed up to $50,000.00, (per plaintiff) which is anything involving:
civil wrong claims, personal injury matters such as slip and fall,
breach of contract, whether there is a written contract or not, where someone owes you money or sold you a defective product or service
employment law matters, wrongful termination whether you quit or were wrongfully fired.
human rights matters, when tied to a civil claim or employment law claim, where both a civil or employment wrong occurs and a human rights infringement occurs.
The jurisdiction of the Small Claims Court allows the court to hear matters, which involve the return of property valued up to $50,000.00 (per plaintiff). The monetary jurisdiction of the Small Claims Court is $50,000.00, per Plaintiff. This is all what the court can award to an individual party not including court costs. That there there can be more than one Plaintiff on a claim. This means that the maximum amount the court can award is $50,000 per Plaintiff. For example if a Claim had 2 Plaintiffs than the court can award a total of $100,000 for the Claim.
