The rules and procedures for small claims courts in Canada vary slightly from province to province, but there are some general principles that apply across the country.
Filing a claim
To file a small claims claim, you will need to complete a claim form and file it with the court clerk in the province or territory where you are filing your claim. The claim form will ask you to provide basic information about yourself, the defendant, and the nature of your claim. You may also need to attach supporting documents to your claim form, such as contracts, receipts, or invoices.
Serving the defendant
Once you have filed your claim form, you will need to serve the defendant with a copy of the claim form. This can be done by mail or in person. If you serve the defendant by mail, you will need to pay a postage fee. If you serve the defendant in person, you may need to pay a service fee.
Hearing
If the defendant does not respond to the claim form, the court may enter a judgment in your favor by default. Otherwise, you will need to attend a hearing to present your case to the judge. At the hearing, you will have the opportunity to tell your story and present your evidence. The defendant will also have the opportunity to present their case and evidence.
Judgment
After the hearing, the judge will make a decision on your case. The judge may rule in your favor and order the defendant to pay you money, or the judge may rule in the defendant’s favor. If the judge rules in your favor, you will need to collect the judgment from the defendant.
Here are some additional things to keep in mind about the rules and procedures for small claims courts in Canada:
- Lawyers: In most provinces, lawyers are not allowed to represent clients in small claims court. This is because small claims court is designed to be accessible to people without legal training.
- Evidence: You are allowed to present evidence at your hearing, such as contracts, receipts, invoices, and witness statements. You should bring all of your evidence to the hearing.
- Witnesses: If you have witnesses who can support your claim, you can call them to testify at your hearing.
- Appeal: If you are not satisfied with the judge’s decision, you may be able to appeal the decision to a higher court. However, the appeal process is limited in some provinces.
If you have any questions about the rules and procedures for small claims courts in Canada, you should contact the court clerk in the province or territory where you are filing your claim.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.