1. What Is Toronto Small Claims Court?
The Small Claims Court in Toronto is part of Ontario’s Superior Court of Justice and specializes in resolving civil disputes involving amounts up to $35,000. It provides an affordable and accessible way to address monetary and property-related disputes.
2. What Types of Cases Are Handled?
You can file a claim in Toronto Small Claims Court for:
- Unpaid Debts: Loans, invoices, or wages.
- Property Damage: Repairs due to negligence or accidents.
- Breach of Contract: Unfulfilled agreements or services.
- Disputes with Landlords/Tenants: Security deposit refunds or unpaid rent.
3. Monetary Limit
The maximum claim amount in Toronto Small Claims Court is $35,000.
- If your claim exceeds this limit, you can:
- Waive the excess amount.
- File in the Superior Court of Justice instead.
4. How to File a Small Claim in Toronto
Step 1: Attempt to Resolve the Dispute
- Before filing, try to settle the matter directly with the other party. Consider sending a written demand letter outlining your claim.
Step 2: Obtain the Required Forms
You can access forms from:
- The Ontario Court Forms website.
- The Small Claims Court office in Toronto.
Essential forms include:
- Plaintiff’s Claim (Form 7A): To initiate the case.
- Affidavit of Service (Form 8A): To confirm the defendant was served.
Step 3: Fill Out the Forms
- Plaintiff’s Claim (Form 7A):
- Provide details about yourself and the defendant.
- State the claim amount and reasons for the dispute.
- Include relevant dates, facts, and any supporting documentation.
Step 4: File Your Claim
- Submit the completed forms to the Toronto Small Claims Court office in person or online through the Small Claims E-Filing Service.
- Pay the filing fee:
| Claim Amount | Filing Fee |
|---|---|
| Up to $7,500 | $102 |
| $7,501–$35,000 | $215 |
Step 5: Serve the Defendant
- Notify the defendant by serving them with a copy of the filed claim. Accepted methods include:
- Personal Service: Delivered by a third party over 18 years old.
- Registered Mail: Sent to the defendant’s address.
- File the Affidavit of Service (Form 8A) to confirm the defendant was properly served.
Step 6: Wait for a Response
- The defendant has 20 days to file a defense.
- If they don’t respond, you can request a default judgment.
Step 7: Attend a Settlement Conference
- The court schedules a settlement conference to encourage negotiation and resolve the case without a trial.
Step 8: Prepare for Trial (If Needed)
- Gather evidence such as contracts, receipts, invoices, and photos.
- Practice presenting your case clearly and concisely.
Step 9: Attend the Trial
- Present your case before the judge, including all supporting evidence.
- The judge will issue a decision based on the presented facts.
5. Costs of Filing a Claim in Toronto Small Claims Court
| Service | Cost |
|---|---|
| Filing a Plaintiff’s Claim | $102–$215 |
| Filing a Defense | $73 |
| Requesting a Default Judgment | $89 |
| Enforcement (e.g., Garnishment) | $100–$200 |
6. Tips for Filing a Small Claim in Toronto
- Be Accurate: Double-check all names, addresses, and claim amounts.
- Keep Records: Save copies of all submitted forms and evidence.
- Meet Deadlines: File all forms within the statute of limitations (usually 2 years).
- Be Prepared: Organize your documents and rehearse your case before court.
- Use Mediation: Consider resolving the dispute outside court to save time and money.
7. Toronto Small Claims Court Location
Toronto Small Claims Court Office:
47 Sheppard Avenue East,
Toronto, ON M2N 5X5
- Phone: (416) 326-3554
Frequently Asked Questions (FAQs)
1. Can I file a claim online in Toronto?
Yes, you can file a claim through the Small Claims E-Filing Service.
2. Do I need a lawyer for small claims court?
No, small claims court is designed for self-representation, but you may consult a lawyer for advice.
3. How long does the process take?
The timeline varies but typically ranges from several months to a year, depending on case complexity and court availability.
4. What if the defendant doesn’t pay after judgment?
You can enforce the judgment through garnishment or asset seizure by filing additional forms.
5. Can I appeal a small claims decision?
Yes, you can appeal to the Divisional Court within 30 days of the decision.
Conclusion
Toronto Small Claims Court offers an efficient and accessible way to resolve disputes involving up to $35,000. By following the steps outlined above, preparing thoroughly, and adhering to court procedures, you can confidently navigate the process. For more information, visit the Ontario Courts website or contact your local Small Claims Court office.
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