Small Claims Court

Small Claims Court

The Small Claims Court is a branch of the Superior Court of Justice. 

This court is intended to provide an understandable and less strict way of litigating disputes, where the amount of money or value of property in issue does not exceed the amount prescribed by law, presently $35,000. If you are owed more than $35,000 but are willing to give up the amount over $35,000, then you can go to Small Claims court. Your claim can include remedy for:

  • Unpaid invoices, promissory notes

  • compensatory damages for breach of contract 

  • Employer owes your wages, unpaid mileages, hold backs 

  • Out of pocket expenses you paid for repairs

  • Damage or injury caused by a faulty product or negligence 

  • Claim property that belongs to you that you want returned

  • Cash value of a damaged property and properties that cannot be returned. 

  • You can ask for interest on the money you’re owed.

You are the “plaintiff” if you are the person who is suing. The person or business you sue is called the “defendant”.

We can help you with your claim. 

You will understand the process better if you talk to us about your claim. 

There are a lot of rules you must follow when you sue someone in Small Claims Court. 

The Court may not deal with your claim, and you may have to pay money to the person you sued. If the rules are not followed and the claim has not been filed within specific time limits. Before suing, our office will give you a consultation to find other solutions and other ways to solve as following: 

  1. Sending a letter demanding they pay the money they owe you by a specific date.

  2. Getting a mediator to help resolve your issue.

Depending on what you are suing for, we might be able to settle your dispute and win your case faster than you were thinking. 

The Small Claims Court Time limitation

The claim must be issued within 2 years of when you first learned about the problem. Every action in the Small Claims Court has its timeline in which it needs to be done. 

Plaintiff serves the defendant within 6 months of the claim being issued

Defendant files a Defence within 20 days of getting the Plaintiff’s Claim

Plaintiff asks for a term of payment hearing within 20 days of getting the Defence

Getting settlement conference date, no later than 90 days after the defendant files a Defence

Plaintiff gives the defendant their evidence for trial no later than 30 days before trail


Some claims, like those against insurance companies, might have to be issued sooner. To know exactly how much time, you have to issue your claim, you should talk to us.  


Starting with a Claim

Before we start your claim, we will need the following information:

  • The reason of your claim

  • The amount of money that you ask for

  • Details about the parties in the claim including their legal name and address

  • The related evidentiary documents to proof your claim

Our services included but not limited to:

  • Filing a Plaintiff’s Claim up to $35,000.00

  • Filing a Defendant’s Claims up to $35,000.00

  • Defences 

  • Notice of Motion and Supporting Affidavits

  • Notice of default of payments

  • Default Judgments

  • Attending Settlement Conferences and Trials

  • Judgment Enforcement Proceedings

  • Garnishments of wages

  • Judgment Debtor Examinations

  • Writs (Land and Personal Property)