Small Claims Self Help Checklist

Small Claims Court is a branch of the Ontario Superior Court of Justice, designed to deal quickly and efficiently with matters that involve money or personal property under $10,000.00. The intention is that the average citizen can avail themselves of the legal system with a little effort. As the busiest Court in Ontario, it works remarkably well.

The Government of Ontario has published the forms to be used in Small Claims Court, as well as several very good pamphlets on how the system works. These resources can assist people with the process, as will the excellent court staff. Remember, however, that Small Claims Court is still a court of law and Court staff cannot assist individuals with the legal issues specific to their case.

Our self help kit is designed to assist individuals and businesses with simple cases find their way through the Court System. We help you identify the correct forum and the correct forms to be using. We also assist in identifying the legal issues and arguments particular to your case and we provide options to assist you in framing those arguments. We help you get started and assist you along the way. You make all the decisions concerning your case; you make all the court appearances. We provide you with the best information available to allow you to put your best legal foot before the Court. We focus you on the essentials of the argument and help you avoid issues that can confuse the matter before the Court.

A word of caution, we will work with you to identify and achieve your desired outcome. We will make every effort to help you obtain your desired outcome, however all legal actions are subject to many possible variables, such the availability of substantiating documents and other evidence and the evidence marshalled by the other side. The Deputy Judge has full authority to render a judgment. Accordingly, we cannot guarantee that your desired result will in fact be achieved. Further, while we will give you our best options, we are not present to adjust that advice in the Courtroom under this program. We accept no liability for the outcome of the file. We offer options for you to choose from, responsibility for the file rests with you.

Costs

Self Help Kit is $250.00 plus gst, $262.50 in total. You will also have to pay Court disbursements, $75.00 to issue the claim, $100.00 for Assessment/Trial. Court Disbursements to judgment are typically under $200.00 total.

These links will take you to Brochures on Small Claims Court and to the rules and forms of the Small Claims Court.

Ministry of the Attorney General

Rules of the Small Claims Court Forms

First, understand that the Ontario small claims court system only handle cases where the value of disputed property or money is $10,000 or less. If your claim is greater than that amount, the claim may be reduced through a legal process called "abandoning the excess".

If you are considering the advantages and disadvantages of taking legal action, but aren’t sure where to start, contact TCS Paralegal and ask for a free, non-obligation consultation. We’ll discuss the merits of your case and provide a straightforward assessment

Depending on the circumstances of your specific case, we might recommend pursing legal action. However, we‘re not shy about recommending against legal action if it’s not in your best interests.

Before launching a lawsuit, it is worthwhile noting that securing a favorable court judgment should not be your main intent. The long-term objective is recovery: you take possession of the property or money in question. You might win in court but that does not necessarily mean you will walk away with the goods!

If you decide that legal action through the Ontario small claims court system is in your best interests, TCS Paralegal has the expertise to guide you through the process and, on your behalf, prepare, present and argue a well-documented case that strategically frames the evidence to your advantage.

Full service representation is the standard package of legal services we offer clients pursuing action through Ontario small claims courts. TCS Paralegal manages every critical step in the judicial process, including:

• client consultations
• investigations and research to collect evidence
• completion of filings and submissions to launch and support a legal action
• courtroom representation
• presentation and cross-examination of evidence and testimony
• upon favorable judgment, steps to enforce judgment and recover legal assets

Our fee structure for this service is remarkably straightforward. Most Clients pay TCS Paralegal only when you recover your property or money, through our "Partnership Pricing" policy. If we are unable to recover your assets, you don’t pay us for our services. With a track record of success in securing and enforcing judgments, our experience tells us we can take the risk of getting paid when the client recovers.

Shouldn’t the TCS Paralegal experience be working for you?

The TCS Paralegal Self-Help Kit is a package of information and consulting services designed for clients who plan to initiate and self-direct Ontario small claims court litigation.

The TCS Paralegal Kit is suited for clients seeking legal resolution for comparatively minor legal problems that under normal circumstances do not warrant the cost of legal representation. Our kit is best suited for an individual who sees merit in pursuing legal action on a self-directed basis but requires legal assistance to start litigation and procedural coaching as the case moves forward.

The narrow scope of professional services provided by TCS Paralegal makes the Self-Help Kit an economical option for clients with procedurally simple cases, such as NSF cheques or failure to honor promissory notes. The kit is not an appropriate tool for legal action involving complex procedures or the introduction of evidence and testimonies, as might be expected in cases involving contract disputes between parties, performance problems with contractors or automobile accidents.

The cost of the Self-Help Kit is $400 plus taxes and includes two stages of legal services. Stage 1 is a one-hour consultation with a professional paralegal to discuss the merits of the case and review the documents that need to be completed in order to launch and support a court action. By the end of the meeting, the client will have a clear understanding of:

• where to begin
• what to say
• what to avoid
• key concepts, such as “what is a contract?”
• the level of proof required to obtain a favorable judgment

Stage 2 provides legal guidance as the case progresses onward to the courtroom. As part of the Self-Help Kit, you have the opportunity to submit up to a maximum of ten questions to our paralegal expert. Questions may be communicated over the telephone or via email and should focus on specific matters that will enhance your presentation and strengthen your argument in court.

To learn more about the Self-Help Kit and determine if it’s the right choice for your legal needs, call TCS Paralegal and ask for a free, no-obligation consultation with our experienced paralegal professionals.