How long do small claims cases take Ontario?
To get from filing a lawsuit, serving it, waiting for the defence, proceeding to a settlement conference and then going on to trial could take about nine months to a year in many of the Small Claims Courts in Ontario.
Is there discovery in Small Claims Court Ontario?
In conclusion, the case law indicates that the Small Claims Court has limited jurisdiction to order discovery of documents and discovery of property.
What happens if you win in Small Claims Court and they don’t pay?
If you have received notice that someone is taking you to court over a small claim and you ignore it, the claimant may be able to get the court to issue a judgment forcing you to pay. Therefore, doing nothing and ignoring the creditor can work against you.
What can I do if someone owes me money and refuses to pay?
If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.
Do you need a lawyer for Small Claims Court Ontario?
You do not need a lawyer to go to Small Claims Court. But you’ll probably understand the court process better if you talk to a paralegal or lawyer. If you earn a low income, you might be able to get legal help from Pro Bono Ontario. Pro Bono Ontario helps with cases in Small Claims Court and Superior Court.
What kind of damages can you sue for in Small Claims Court Ontario?
Small Claims Court in Ontario will hear claims for money or personal property at a value of $35,000 or less (not including interest or costs). If you are looking to sue for an amount higher than $35,000 you will need to file your claim with the Superior Court of Justice and follow the civil litigation process instead.
What is an expert witness in small claims court?
Only expert evidence which is reasonably required to resolve the case can be used. The expert’s overriding duty is to assist the court on issues that come within his field of expertise. This duty takes precedence to any duty or obligation he may have to the party or parties who instructed or paid him.
What happens when a court awards money?
If you are Claimant and won at trial, the Judge will likely have ordered the Defendant to pay a sum of money, made up of the claim compensation, interest and court costs. The order will usually specify any sum should be paid within 14 days of the order.
How do you force someone to pay you back?
Tips on getting your money back
- Give gentle Reminders. When approaching the topic of collecting the payments from your friend or relative, try to be firm, yet straightforward.
- Express Urgency.
- Ask for updates.
- Add deadlines.
- Offer Payment Installments.
- Drinks on them!
- Taking Legal Action.
Can I report to police if someone owes me money?
Unfortunately, you can’t go to the police if someone owes you money. Personal loan cases are treated as civil cases instead of criminal cases, so the police will not be able to assist you.