Small Claims Court Process

Small Claims Court Process

The process of commencing a proceeding at the Small Claims Court is complex and intricate.  Below is a brief summary of the basic steps that make up the Small Claims Court process:

• Filing a Plaintiffs Claim – this is the first step to commence proceedings at the Small Claims Court. The Plaintiff drafts a Claim, files it with the Court of appropriate jurisdiction and serves it on the Defendant.
• Defence – the Defendant has a certain amount of time to draft and file a Defence with the Courthouse. The Defence must also be served on the Plaintiff.
• Settlement Conference – Once the claim and defence have been received, the Courthouse will issue a date for a settlement conference. At the settlement conference, both parties will have an opportunity to discuss their matter in front of a Judge.  This is also an opportunity for the parties to try and resolve their matter. The Judge may give the parties his/her opinion on what may happen in the matter, or make an order for example, a party may be ordered to provide addition documentation.
• Trial – If the parties do not reach a settlement at the settlement conference, then the matter is to be set for trial to deal with the merits of the case.

It is crucial to note that there may more steps in the Court process than what was listed above.  The Small Claims Court process can be lengthy and involve various other Court appearances such as  motions.  There are also a lot of rules that needs to be strictly follow in order to have a successful outcome. It is advisable to obtain legal representation before commencing a matter with the Small Claims Court Process, as any error may result in a delay in the process.

We believe affordable justice should be accessible to everyone. Trust the professional advice of Balatidis Legal Services; a small claims court paralegal servicing Mississauga, Brampton, Toronto, Oakville, Burlington and Hamilton.