Small Claims Court is a division of the provincial court system that hears civil claims up to a certain monetary limit. The monetary limit varies from province to province, but it is typically around $35,000. Small Claims Court is designed to be a more informal and less expensive way to resolve disputes than the traditional court system.
Going to trial
If the defendant does respond to your claim, the case will go to trial. Small Claims Court trials are typically held in front of a judge without a jury. At trial, both you and the defendant will have the opportunity to present your evidence and arguments.
Appeals
Small Claims Court decisions can be appealed to the Superior Court of Justice. However, appeals are not automatic, and you will need to meet certain criteria in order to file an appeal.
Tips for small claims court
Here are a few tips for small claims court:
- Be prepared. Before you go to court, make sure you have all of your evidence and arguments ready to present.
- Be polite and respectful to the judge and the other parties involved in the case.
- Be truthful and honest in your testimony.
- Dress appropriately.
Small Claims Court can be a helpful way to resolve disputes without having to go through the traditional court system. However, it is important to understand the process and to be prepared before you start a case.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
Frequently Asked Questions About Small Claims:
- What types of cases can be heard in small claims court?
- What is the monetary limit for small claims?
- How do I start a small claims case?
- How do I serve the defendant with my claim?
- What happens at a small claims hearing?
- What evidence can I present at a small claims hearing?
- Can I have a lawyer represent me in small claims court?
- What happens if I win my small claims case?
- What happens if I lose my small claims case?
- Can I appeal a small claims decision?
- How do I enforce a small claims judgment?
- What are the costs of filing a small claims claim?
- What are the benefits of using small claims court?
- What are the drawbacks of using small claims court?
- What are some common mistakes to avoid in small claims court?
- What are some tips for winning a small claims case?
- What are some resources available to help me with my small claims case?
- What are the different types of small claims courts?
- What are the different rules and procedures for small claims courts in Canada?