Small Claims Windsor and all of Ontario
Small Claims Windsor Ontario. In Ontario, small claims court is a legal forum where individuals and businesses can resolve disputes. The maximum amount you can claim in small claims court in Ontario is $35,000. Here are the general steps you would take in a small claims court case in Ontario:
1. Determine Eligibility:
– Ensure that your dispute falls within the jurisdiction of the small claims court, and that the amount you are seeking does not exceed the maximum limit.
2. Attempt to Resolve Dispute:
– Before filing a claim, consider attempting to resolve the issue through negotiation, mediation, or other alternative dispute resolution methods.
3. Prepare Your Claim:
– If you can’t resolve the issue through negotiation, you’ll need to prepare a Plaintiff’s Claim form (Form 7A), which outlines the details of your claim. You can obtain this form from the Ontario Court Forms website.
4. File Your Claim:
– File the Plaintiff’s Claim form at your local Small Claims Court office. There is a filing fee, which varies based on the amount you are claiming.
5. Serve the Defendant:
– You must properly serve the Defendant with a copy of the Plaintiff’s Claim, along with a blank Defence form (Form 9A). This is typically done by personal service or registered mail.
6. The Defendant Responds:
– The Defendant has a limited time to file a Defence with the court. If they don’t respond, you may win the case by default.
7. Attend Mediation:
– The court may require both parties to attend mediation to try and settle the dispute before it goes to trial.
8. Trial Preparation:
– If mediation is unsuccessful, both parties should prepare for trial. This includes gathering evidence, witnesses, and any relevant documents.
9. Attend the Trial:
– The court will schedule a trial date. Both parties present their case, and the judge makes a decision based on the evidence and arguments presented.
– If you win, the court will issue a judgment in your favor. If the defendant wins, the judgment will be in their favor.
11. Collecting the Judgment:
– If you win and the defendant doesn’t pay voluntarily, you may need to take steps to enforce the judgment, such as garnishing wages or seizing assets.
It’s essential to follow the court’s rules and procedures carefully and consider seeking legal advice if you are unsure about any aspect of your case. Rules and procedures are often complex, so it’s a good idea to consult the Ontario Ministry of the Attorney General’s website or contact us for guidance.