In small claims court in Toronto, the rules of civil procedure and evidence are simplified in order to make the process be accessible to all citizens. It is a court of limited jurisdiction to resolve private parties` civil disputes. The legal and factual arguments are typically not represented by attorneys. They are usually represented by a paralegal in Toronto. Trials heard in small claims court are much less formal and a judge or magistrate typically decides about the cases. Understanding the legal procedure in small claims court in Toronto before filing a case, usually by a paralegal can be beneficial. Also when you receive a summons to appear in small claims court, it can be necessary.
Some tips to act and dress appropriately in small claims court:
- Dress appropriately. T-shirts, jeans or sneakers are not appropriate
- You should answer questions clearly and aloud. Don’t just nod or shake your head!
- Try not to raise your voice. If you feel like you’re losing your temper, pause for a moment and take some deep breaths.
- Try not to interrupt the judge or the other party. Respect them!
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Types of Claims:
You can file a case involving money in small claims court and ask the court to resolve your problem, but that isn’t the only type of case you can file. Here are the Claims you can file in small claims court in Toronto:
-The repayment of a loan
-The return of a security deposit
-The failure to meet the terms of a service contract,
-The failure to fix a car or appliance properly
-The dog bite and other personal injury matters
-The clothing damaged during alterations or cleaning
Keep in your mind that you cannot use small claims court to file a bankruptcy, divorce, name change or to ask for emergency relief. Also you cannot file a case against the federal government or even against a federal employee .You will file this type of suits in federal court.
Steps of filing the case in small claims court:
The first step is finding out that you are able to use the small claim forum to resolve your dispute. Then, you should review the rules of small claims court and try to learn the procedure. When you need to collect evidences and documents for your case, reading Offering Witness Testimony in small claims court can be essential. You should consult a lawyer or licensed paralegal, if you need to ask any legal questions. Being aware of the time limit to how long you can wait before making a claim can be necessary for you. In small claims court, there will be some legal words such as affidavit, Claim, Creditor, Debtor, defendant and Non-liquidated Claim that you need to understand them. Here is a short glossary of these legal words:
| Affidavit: | A written statement of facts that you swear or affirm to be true in a court of law. |
| Claim: | The form that you use to provide a demand in Small Claims Court for money or personal property owing. It can be a defendant’s claim form and a plaintiff’s claim form. |
| Creditor: | A person, bank, or company that you owe money to. |
| Debtor: | A person, group who owes an obligation to another; for example, an obligation to pay money under a judgment. |
| Defendant: | The person in a court of law who has been accused of doing something illegal and should replies to the claim. The defendant can also make a claim against the plaintiff. |
| Non-liquidated Claim: | An amount that a judge should approve, such as personal injury, poor workmanship, damage to property, and/or termination pay. |