Small Claims Court in Ontario, Canada is a specialized court that handles civil claims with a maximum value of $35,000. Small Claims Court is meant to offer a more straightforward, quicker, and less expensive option compared to traditional litigation in Superior Court. This article will discuss the procedure of Small Claims Court litigation in Ontario.

Filing a Claim

The initial step in Small Claims Court proceedings involves submitting a claim to the court. A claim is a written declaration of the facts and the desired outcome made by the plaintiff. The claimant is required to pay a fee in order to submit the claim and deliver it to the defendant. After the claim is submitted and delivered, the defendant must reply within a designated timeframe.

Mediation

Prior to the commencement of a Small Claims Court trial, both parties might have to participate in a mediation meeting. Mediation involves an optional procedure in which an unbiased third party, known as a mediator, assists the participants in attempting to achieve a resolution. The mediator's role is to foster dialogue between the parties, rather than making decisions or forcing a resolution.

Trial

If the parties cannot come to an agreement in mediation, the case will move on to trial. In Small Claims Court trials, typically a judge presides without the presence of a jury. During the trial, both sides can provide their evidence and arguments to the judge, who will then decide based on the evidence and the law.

Judgment

Following the trial, the judge will make a decision. The judgment is a written ruling detailing the judge's factual findings, legal conclusions, and the remedy awarded to the prevailing party. If the plaintiff prevails, the judgment will typically consist of compensation and expenses.

Enforcement

If the defendant fails to adhere to the court's decision, the plaintiff may have to enforce it through legal means. This could mean taking control of the defendant's belongings or securing a legal decree for the judgment to be paid. Even if you win a judgment in your favor, you might still need to put in effort to receive the money.

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