Posted by on May 4, 2021 in Blog | 0 comments

Effective April 12, 2021 the Ministry of Attorney General issued Consolidated Notice to the Profession and Public regarding the Small Claim court. The Small Claims Court will stop using request forms under this notice. Hearings can be requested using the processes explained in this Notice.

The processes for requesting urgent matters have changed. New regulation set up a remove hearing

For new potential litigants it is recommended to retain services of the professional. Professional service of Paralegal are very important to start your small claim matter in the Superior Court of Justice. Parties are encouraged to use the Small Claims Court E-Filing Service portal or the Small Claims Court Submissions Online portal to file forms and documents online without going to court.

Since the suspension of sittings of the Ontario Small Claims Court in March 2020 due to the COVID-19 pandemic, the Court has progressively expanded the matters that it will hear remotely.

The Small Claims Court will continue to monitor the situation and, as possible, will further expand the types of matters and hearings that will be heard during these extraordinary times.

Please note that hearings will only be scheduled if a request for a hearing is submitted in accordance with the instructions below. For more information, please visit link

https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/suspension-small-claims-ops

Remote Hearing Platform is not set up by Zoom.

To request an urgent hearing, you must obtain a date for the hearing from court staff. To do this, please contact the email address for the Small Claims Court location where the action is based. Your email must comply with new requirements.

If you mater was already before the court, and defendant already served and file his/her defense, next step on your proceedings will be settlement conference. You do NOT need to take any further steps to move your matter forward until court staff will contact you or your legal representative.

During the time of pandemic, it is authorized to sign the documents electronically by DocuSign or any through any other platform. Our office if fully equipped to serve our current and new client remotely.

PREPARATION OF DOCUMENTS.

For new potential litigants it is very important to know what all documents related to your case (Statement of claim, Affidavit, etc.) shall NOT exceed 10MB. If you submit to the Court your extensive volume of documents, you may be punished by the Court: the Judge may not read all your documents and, in addition, the Judge can order you to pay legal costs for non-compliance with current requirements.

It means that only Paralegal, your Legal Representative, will be able to draft your statement of claim in proper format to meet new requirements and ensure success of your case at the early stages of your small claim court proceedings.

For more information, your legal representation please contact Paralegal at direct line 416-894-4219 or www.paralegalease.ca

Frequently Asked Questions
1. What is the maximum for small claims court in Ontario?
Answer: 35,000
The Small Claims Court is a branch of the Superior Court of Justice, and handles nearly half of all civil claims in the province. The Court has civil jurisdiction over monetary claims up to $35,000, and provides an efficient and cost-effective forum for Ontarians to bring or defend these claims.

2. Court fees for filing statement of clam and other fees?
Answer:
$102 for filing a claim.
$89 for filing default judgment.
$290 for fixing a date for an assessment hearing.
$120 for filing a Notice of Motion for an Assessment in Writing.
Please note that these court fees are payable to the Ministry of Finance of the Province of Ontario. Method of payment is credit card. Upon your payment, you documents will be accepted through the portal and you will have confirmation of payment and tracking number of your materials. These fees are to be paid by credit card at the time you are filing your statement of claim or submitting default judgment.

3. What happens if you lose in small claims court?
Answer: In the Small Claims Track, the costs that a losing party will pay to the victor have been restricted by the Civil Procedure Rules to minimize financial risk to parties. Generally therefore, the court will allow the successful party to recover limited costs such as court fees and witness expenses.

In light of significant changes in legislation, it is desirable to use all resources to settle your matter. Paralegal will explore and advise you about all option to resolve your matter effectively and in amicable way. Please note you have to use each and every opportunity to resolve your matter in amicable way. First, you would be able to reach reasonable resolution without going through all steps of Small Claim court proceedings, Second, your will be able to reach resolution in timely fashion and save your time and money. You also have to keep in mind that it is your responsibility to minimize and/or avoid unnecessary steps in your matter.