In Toronto, a Small Claim Court has no power to hear a suit that is filed after these set time periods. The trial of the case may be heard by the Judge of the Court sitting alone, or upon request of either party, by a six-person jury.
Anyone can file a request for a jury trial with the Court not later than 14 days before the date on which the trial is to be held. Having a trial by Judge alone will generally take less time and be less complicated than a jury trial. You can appear before the Magistrate yourself but Lawyers or attorneys can appear on the behalf of small claims plaintiffs.
He has to fill a small claim statement form. He has to provide the following information:. You have to pay the Clerk a filing fee and the service of citation fee, to cover costs of serving citation on the Defendant. Once a trial date has been set, ask the Clerk to issue a subpoena. The full name and address of a witness are needed for a subpoena to be issued.
A fee must be paid for each subpoena requested. If the Defendant in spite of being received the notice of the trial, does not appear in the court, the Judge is authorized to grant a default judgment against the Defendant. If the Plaintiff does not appear at the trial, then the Judge may enter an order dismissing the case. The Plaintiff and Defendant must bring to Court that day any evidence. Proceedings in Small Claims Court are less formal than in other civil courts.
If it is a jury trial, the jury will deliver the verdict. If the Defendant wins, the Plaintiff will recover no money and must pay the court costs. If the Plaintiff wins, the Defendant will be ordered to pay the Plaintiff the amount of money awarded by the Court, plus court costs. If the Defendant does not pay the money awarded by the Court, then the Plaintiff can ask the Clerk to issue an execution. Court staff will review your documents within five business days to determine if they are accepted for filing or issuance.
If your documents are:. If your documents are rejected, you can address the issues and resubmit the revised documents and the proper court filing fee to the court. To have a better experience, you need to: Go to your browser's settings Enable JavaScript. Home Law and safety. For example, in the body of your email, you must include your court file number and your name. Court staff will then review your request.
They may contact you to ask for more information before deciding whether to approve your request for an urgent hearing. If it's approved, you will receive an email with the date of your hearing, how to attend, and a document to give to any responding parties.
If you don't have email access, you will have to go in person to your local courthouse to make your request for an urgent hearing. The court is accepting requests to schedule motions on notice. These documents explain what the motion is about.
The other parties then have a chance to respond before the judge makes a decision about your motion. Remember to swear your affidavit before you file it. Then follow the instructions on the Small Claims Court website when serving the other parties and filing documents. The court is accepting requests for motions in writing without notice. The judge makes a decision based on the documents you filed. The judge makes a decision without them knowing. The other parties get a copy of the decision only after it's made.
Examples of motions in writing without notice include motions for substituted service and motions for an assessment of damages. Knowing about the legal process of small claims court before filing a case against someone and also when you receive a summons to appear in a small claims court can be useful. Here are the different procedures of small claims court:. Filing a claim in small claims court can be much less formal than other courts. It just requires filling the documents forms out with specific information, pay the court fee, and file your case.
A paralegal can file your case in person or by mail. The next thing that happens is that both of you get a notice in the mail from the court office telling you to come to a settlement conference, which is presided over by a judge, and you can discuss the case. You also receive a blank to complete, serve on each other, and file with the court at least 14 days before the settlement conference.
A settlement conference should be scheduled to be heard within 90 days after filling the defense by the person you filed the claim against him or her.
You should consult a licensed paralegal, if you need to ask any legal questions. You should be prepared to appear in small claims court in Toronto to have your side of the case. The trial occurs before a different judge than the judge that presided over the settlement conference. You can also call witnesses. If you can win in small claims court in Toronto, the judge will issue a judgment in your favor, and you can collect the money from someone who probably will not be willing to pay you.
If you ask, an order authorizing these collection methods can be provided by the judge. On the other hand, it is possible for you to file an appeal and provide new evidence to support the claim that the judge ruled in error.
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