Small claims court is where you go to sort out disputes between you and another private party or a business. The cases heard in this type of court are financially based, rather than being criminally based. Judges in a small claims court will come to a fair determination of who is owed or not owed money and how much should be rewarded.
Depending on the province, there will be a cap on how much money you can ask for in a small claims court. For instance, in Ontario the maximum allowed was $10,000, but that has recently been more than doubled to a $25,000 limit. That means when you file in a small claims court in Ontario the most you can ask to be awarded from the defendant is $25,000.
In fact, there are a few things the judge can do once he or she has had a chance to listen to both sides of the case. They will then consider the evidence and either:
* Award you on all accounts
* Give you a lesser amount
* Possibly rule in favor of the defendant and award you nothing
* Make a judgment for the defendant if they brought forth a counter-claim
The best case scenario is to walk out with everything you are asking for so you are made financially whole. Yet, that is very hard to do on your own unless you have substantial knowledge of Canadian law as well as the local laws in your province.
This is why most people who are going to small claims court in Canada will hire a paralegal to represent them. A trained paralegal will have in-depth knowledge about small court claims and will know a lot about the law in Canada. Some things that they will be able to advise you on include:
* Entering everything that needs to go into evidence
* What to say in court
* The best way to behave in court and how to respond to comments made by your defendant
* The specific ways to file paperwork and how to clearly describe your case to the judge.
Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal's assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.
With a good paralegal on your side, you are likely to misrepresent yourself in court or even become confused over the process, especially if you have never filed a claim before.
You: The Defendant
It's also possible that you will be the defendant in the matter. If this is the case you should hire representation immediately. Since the plaintiff made a claim against you, a paralegal will be able to explain how it all works and find loopholes that occurred on the filer's part. One of these small issues could win you the case and even award you money if a counter-claim suit is present.
The point is it really doesn't matter what side of the fence you're on, because a paralegal is crucial to have in your corner. After all, what happens if the other party brings one with them and you are all by your lonesome? The end result could be menacing and the ruling will most likely go the other way. - 2364
Depending on the province, there will be a cap on how much money you can ask for in a small claims court. For instance, in Ontario the maximum allowed was $10,000, but that has recently been more than doubled to a $25,000 limit. That means when you file in a small claims court in Ontario the most you can ask to be awarded from the defendant is $25,000.
In fact, there are a few things the judge can do once he or she has had a chance to listen to both sides of the case. They will then consider the evidence and either:
* Award you on all accounts
* Give you a lesser amount
* Possibly rule in favor of the defendant and award you nothing
* Make a judgment for the defendant if they brought forth a counter-claim
The best case scenario is to walk out with everything you are asking for so you are made financially whole. Yet, that is very hard to do on your own unless you have substantial knowledge of Canadian law as well as the local laws in your province.
This is why most people who are going to small claims court in Canada will hire a paralegal to represent them. A trained paralegal will have in-depth knowledge about small court claims and will know a lot about the law in Canada. Some things that they will be able to advise you on include:
* Entering everything that needs to go into evidence
* What to say in court
* The best way to behave in court and how to respond to comments made by your defendant
* The specific ways to file paperwork and how to clearly describe your case to the judge.
Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal's assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.
With a good paralegal on your side, you are likely to misrepresent yourself in court or even become confused over the process, especially if you have never filed a claim before.
You: The Defendant
It's also possible that you will be the defendant in the matter. If this is the case you should hire representation immediately. Since the plaintiff made a claim against you, a paralegal will be able to explain how it all works and find loopholes that occurred on the filer's part. One of these small issues could win you the case and even award you money if a counter-claim suit is present.
The point is it really doesn't matter what side of the fence you're on, because a paralegal is crucial to have in your corner. After all, what happens if the other party brings one with them and you are all by your lonesome? The end result could be menacing and the ruling will most likely go the other way. - 2364
About the Author:
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area
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