If you’re dealing with a dispute that needs sorted out between yourself and a private party or business, a small claims court is where you will end up. The cases that are placed in front of the judge in this courtroom cover financial situations instead of criminal issues. In the end the judge will come to a conclusion as to who owes 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.

That said, a judge can do a few different things after hearing all sides of your case and considering all of the evidence entered by you and the other party involved:

* Award you on all accounts

* Award a lesser amount of what you are asking.

* Possibly rule in favor of the defendant and award you nothing

* Make a judgment for the defendant if they brought forth a counter-claim

Obviously the best case scenario is to walk out of there getting everything you asked for, but this is usually pretty hard to do if both parties come prepared. Then again, if you’re not aware of all the Canadian laws and local laws in the province you’re in it can make it even more difficult. Since this is such an issue, most people who have to be present in a small claims court in Canada will hire a paralegal.

Instead of going into the small claims court without being prepared, most people turn to a paralegal to represent them. They will be able to inform you of all the laws and give you that extra edge that is needed in the courtroom. A few things they will be able to advise you on will be:

* What needs to be entered as 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 and verbal testimony that contradict 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.

One of the best parts to hiring a paralegal is they will help you keep from misrepresenting yourself and getting confused in the process. If this is your first go round in a small claims court, it can be a nightmare if you’re not prepared.

You: The Defendant

If you are the defendant going into small claims court because someone else has filed against you, then seeking representation must be the first thing you do after finding out about the case. A paralegal will help you understand all aspects of the claim and can find loopholes or mistakes on the filer’s part which could get you off completely or get you awarded money on a counter claim.

No matter what side of the case you are on, the Canadian legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a small claims court proceeding.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area

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2 Responses to “Small Claims Court in Canada – Do You Need Representation?”

1. Markus Papka says:

   May 20, 2010 at 8:52 am

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2. small claims says:

   March 7, 2011 at 3:18 am

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