1. Introduction to Small Claims Court in Toronto
Small Claims Court in Toronto is part of the Ontario Court of Justice system, designed to handle minor disputes efficiently and cost-effectively. It offers an accessible way for individuals and businesses to resolve disputes involving monetary claims up to $35,000.
This guide explains the process of filing a claim, preparing for a hearing, and enforcing a judgment in Toronto Small Claims Court.
2. Types of Cases Heard in Toronto Small Claims Court
Small Claims Court in Toronto handles civil disputes involving:
- Unpaid debts or loans.
- Breach of contract cases.
- Property damage or loss.
- Consumer complaints regarding faulty goods or services.
- Landlord-tenant disputes related to security deposits or damages.
3. Monetary Limits for Small Claims Court
As of January 1, 2020, the monetary limit for claims in Ontario Small Claims Court, including Toronto, is $35,000. Claims exceeding this amount must be filed in the Superior Court of Justice.
4. Filing a Small Claim in Toronto
To file a claim:
- Prepare the Claim: Complete the Plaintiff’s Claim Form (Form 7A), clearly stating your case, the amount you’re claiming, and the reasons.
- File Your Claim: Submit the form online using the Civil Claims Online Portal or in person at the Toronto Small Claims Court office.
- Pay the Filing Fee: Filing fees are $102 for claims up to $35,000.
- Serve the Defendant: Provide legal notice of the claim by serving the Defendant’s Claim Form (Form 7A) using an approved method, such as personal service or registered mail.
5. Court Locations in Toronto
Toronto Small Claims Court – 47 Sheppard Avenue East
Address: 47 Sheppard Avenue East, Toronto, ON M2N 5X5
Phone: (416) 326-3554
Toronto Small Claims Court – 311 Jarvis Street
Address: 311 Jarvis Street, Toronto, ON M5B 2C4
Phone: (416) 326-3554
Operating hours: Monday–Friday, 8:30 AM–5:00 PM
6. Serving the Defendant
The plaintiff is responsible for serving the defendant with the claim. Accepted methods include:
- Personal Service: Delivering the claim directly to the defendant.
- Registered Mail: Sending the claim through Canada Post with proof of delivery.
- Third-Party Service: Hiring a process server to ensure proper delivery.
You must file an Affidavit of Service (Form 8A) with the court as proof that the defendant was served.
7. Preparing for the Hearing
For a successful outcome, preparation is key:
- Organize Evidence: Include contracts, invoices, photos, emails, and other supporting documents.
- Draft a Statement: Prepare a concise explanation of your case and the amount claimed.
- Bring Witnesses: If applicable, arrange for witnesses to provide testimony.
- Practice Presentation: Rehearse your arguments to ensure clarity and confidence during the hearing.
8. What to Expect at the Hearing
The hearing process is straightforward:
- Check-In: Arrive early and check in with the court clerk.
- Case Presentation: The plaintiff presents their case first, followed by the defendant.
- Judge’s Decision: After reviewing the evidence and hearing both sides, the judge will issue a decision, which may occur immediately or at a later date.
9. Judgment and Enforcement
If you win the case, the court issues a judgment in your favor. However, enforcing the judgment is your responsibility. Options include:
- Garnishment: Deducting payments directly from the defendant’s wages or bank account.
- Seizure of Assets: Arranging for the defendant’s assets to be seized and sold.
- Writ of Execution: Filing a writ to enforce the court’s decision.
10. Filing Fees and Costs
Fees for filing in Toronto Small Claims Court include:
- Plaintiff’s Claim: $102
- Defendant’s Claim: $73
- Enforcement of Judgment: $89
Fee waivers may be available for individuals facing financial hardship.
11. Mediation as an Alternative
Before proceeding to trial, consider mediation as a faster, less expensive way to resolve disputes. Toronto Small Claims Court offers mediation services, where a neutral third party helps the parties reach a mutually agreeable settlement.
12. Defending Against a Small Claim
If you’re the defendant:
- Respond Promptly: File a Defence Form (Form 9A) within 20 days of being served.
- Counterclaim if Necessary: File a counterclaim if you believe the plaintiff owes you money.
- Prepare Your Case: Gather evidence and witnesses to dispute the plaintiff’s claims.
13. Appeals Process in Toronto Small Claims Court
If you disagree with the court’s decision, you can appeal within 30 days of the judgment. Appeals are filed with the Divisional Court and are typically limited to errors in law or procedure.
14. Frequently Asked Questions
Q1: Can I hire a lawyer for Small Claims Court in Toronto?
Yes, you can hire a lawyer or paralegal, but it is not required. Many parties represent themselves.
Q2: How long does it take to resolve a small claim?
Cases are typically resolved within a few months, depending on court schedules and complexity.
Q3: What happens if the defendant doesn’t show up?
If the defendant fails to appear, the court may issue a default judgment in your favor.
Q4: Can I recover filing fees if I win?
Yes, winning plaintiffs can recover filing fees and other costs as part of the judgment.
Q5: Is mediation mandatory?
No, but it is encouraged as a cost-effective alternative to a court trial.
Q6: Can I file a small claim online?
Yes, Ontario’s Civil Claims Online Portal allows electronic filing of small claims.
15. Conclusion
Toronto Small Claims Court provides an accessible way to resolve minor disputes efficiently. By understanding the process, preparing your case thoroughly, and adhering to court procedures, you can navigate the system confidently and achieve a fair resolution.