Small Claims Court In Canada – Do You Need Representation?
It’s a great question and the answer is YES! If you’ve never been to a small claims court it’s used when there is a dispute between yourself and either a private party or a business. However, this is not a court that deals with criminal issues, but only financial discrepancies. The judge will look over all the evidence and hear both sides before he or she decides who owes what and how much.
Another thing you have to consider is the province, because the cap will fluctuate in each location. It used to be that Ontario, Canada would only allow for $10,000 to be the most awarded, but this has recently changed to $25,000. So when you file a claim in Ontario the most you can ask for now is twenty-five grand, but it doesn’t mean you’ll get it.
Now keep in mind there are a few things a judge can do once he or she has heard both sides of the case. The judge will then consider the evidence as well from each party and either:
* Award you everything you are asking.
* 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
What it comes down to is the best scenario would be to get everything you ask for as the plaintiff. Unfortunately this doesn’t always occur. Plus, if you’re unaware of the Canadian laws or even the local laws in the province it can be even more difficult.
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
* The specific things you should say in court
* The best way to behave in court and how to respond to comments made by your defendant
* How to fill out all of the paperwork needed to file and describe your case clearly.
Another issue is when you have written a verbal testimony that contradicts one another. You will find that a judge is very good at picking up on these small differences. The worst part is just one of them could make a huge different in your case and cause you to lose. This is just one of the many reasons why a paralegal’s assistance is important.
Paralegals help to keep you from misrepresenting yourself in court or getting confused about the process. If you’ve never filed a claim before this can be a complete nightmare.
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.
In the end it doesn’t matter what side you’re on when it comes to a small claims court. If you take a look at the Canadian legal system on your own you will soon realize that it’s extremely complicated. Granted, criminal and jail time is not involved, but you can still lose quite a bit if the ruling goes the other way.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area