Small Claims Court - How to Sue Someone in Ontario

If you're thinking about suing someone or if you're being sued then this guide is for you. Did you know that a recent law was passed to raise the previous $10,000 limit up to $25,000? This is great news if you're suing someone. Before considering even making a claim make certain that your information is accurate. The primary step is to make sure that you can legally take cival action on the person and/or business. The most popular reasons to sue someone include: Unpaid Loan/ Credit Card, Personal Injury, and Loss of Enjoyment of Life. To whom would you like to sue? The person or business that is being sued is also called the Plaintiff. When would it be appropriate to make a claim? You only have up to 2 years to sue in Small Claims Court in Canada. Where to sue someone comes down to a few factors. This is also known as the jurisdiction. If a wrong jurisdiction is chosen then it may be difficult to obtain judgement and/or enforcing it. What evidence is accepted in Small Claims Court? Understanding and submitting the right evidence can make the difference between winning and losing a case. Small Claims Court evidence that is commonly seen in court includes:Invoices, Utility Bills, Log Book Entries, Business Documents. If you win your claim then you have a few options with respect to enforcement. These include the following: Garnishments of Wages/Accounts, Liens on Property, Seizure of Assets, Suspension of Driver's License and Debtor's Examination before a Judge.

Understanding the Small Claims Court Processes
The Small Claims Court Process in Ontario is designed to be accesible by the general public. The biggest misunderstanding is that the courts will assist you throughout the procedures. Another common misunderstanding is that the system is similar to what is seen on TV. This is simply not the case here in Ontario. The Small Claims Court process has several stages. These stages include: Pleadings, a Settlement Conference, Trial Preparation, Trial & Enforcement Proceedings. There is a reason for each stage of the process.The first step is mediation, where the courts attempt to have both entities involved solve the proble on their own. If unsuccessful. Trial Preparation begins and date is set for trial. There may be several legal forms that you have to fill out during the process. Such forms include the include witnesses to Affidavits

Moving forward with Small Claims Court with the right information is the best move. You can effectively sue someone through small claims court however you'll want some good advice first. In most instances legal advice is free and this can only help you in succeeding. Don't let the intimidation of the Small Claims Court process get to you. It take more effort on your part but you can do it!