What is the jurisdiction of the Small Claims Court?

The Small Claims Court has jurisdiction in actions for ejectment against the occupier of land or premises which are unlawfully occupied and used for commercial – and not residential purposes, which are situated within the court’s area of jurisdiction.

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What is a jurisdiction in Ontario?

The Superior Court of Justice in Ontario has inherent jurisdiction over criminal, civil, and family cases, arising from Ontario’s common law traditions. The Court’s inherent jurisdiction gives it authority to hear any matter that is not specifically assigned to another level of court.

How does Small Claims Court in Ontario work?

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.

How do you address a Small Claims Court judge in Ontario?

You must stand whenever you speak to the judge or the judge speaks to you. If you are addressing a judge or associate judge of the Superior Court of Justice, you should call him or her “Your Honour” or “Justice/Associate Justice (last name)”.

How long does a small claims case take in Ontario?

After the claim has been filed with the court a Plaintiff then has up to six months to effect service. Notwithstanding the six-month allowance, most claims are served within 30 days of being issued – often by registered mail or personal service.

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 are the factors that determine jurisdiction?

Here are three factors that affect a jurisdiction change.

The court has jurisdiction over the child. If the court can prove it has jurisdiction over your child, then it may be able to hear the case.
There is an emergency.
Orders exist in another state.

How much does it cost to take someone to Small Claims Court in Ontario?

$215 for filing a claim. $121 for filing of a request for default judgment. $380 for setting a date for a trial or an assessment hearing.

How can I file with small claims court?

Your claim is for$5,000 or less; and,

Your claim is for money only,not the return of property or performance of a service; and,

You are not planning to request any discovery such as interrogatories (written questions that the other side must answer under oath in writing,before trial).

Who can I sue in Small Claims Court?

Practically anyone can bring a small claims court case or be sued in small claims court, including individuals, large corporations, and small businesses. For cases that could win a dollar amount over $10,000, you may want an attorney to bring the matter to a superior court. The Small Claims Court: Can I Hire a Lawyer?

How to sue someone in Small Claims Court?

preparing a compelling statement

gathering documents and evidence,such as contracts,credit card statements,and photographs

selecting reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard

What evidence is admissible in Small Claims Court?

Photographs of the location of the accident, how the car looked after the accident, or your yard looked like after your neighbor’s tree fell in it are all helpful in proving your case. There’s a proper way to submit photos as evidence.

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