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

Step One

Should you sue?

If you are owed a debt or wish to recover damages caused by another party, you can sue. But should you? Obtaining a judgment is only the first step; can you recover money at the end of the day?

Does the party(s) have assets to satisfy the judgment? Do you know where they work? If they are self-employed, do you know any of their clients? Do you know where they bank? Do they own real property?

If the answer is yes to any of these questions, proceed.

If you are uncertain, you will want to contact our office and request some assistance in determining if the party(s) has any assets.

If the answer is no to all of these questions, seriously consider abandoning the action. Unless there is a real probability of recovery in the future, it may well be a futile action even if you are successful in obtaining a judgment.

Step two

Can I use the Self Help Kit?

The Self Help Kit is available only for certain types of actions. Many actions will not be suitable for the inexperienced litigant.

Things to consider

• Do I have the time to spend preparing documents and organizing my case?
• Do I have a simple action, like a dishonoured cheque, an IOU or an unpaid invoice?
• Is the amount I am seeking clearly set out in the document?

If the answer is yes to the above, proceed. If the answer is no, contact our office for a free consultation.

More considerations

• Do I need any witnesses to prove my case?
• Is the total amount claimed likely to be in dispute?
• I don't have all the documents to prove my case but we did have a verbal arrangement...
• I bought it and it doesn't work...
• I've billed them but they dispute the amount owing.....

If your case fits here, you will want to contact our office for a free consultation.

Step Three

Looks like my case fits for the Self Help Kit, what is next?

You will have two 40 minute appointments to assist you on your way to obtaining your judgment, along with 10 email or phone queries.

What happens if I decide I need more help?

At any stage in the Self Help process, you can switch to full representation and receive a full credit.