Posts Tagged ‘Canada’

It’s a great question and the answer is YES! If you’ve never been to a small claims court it’s used when there is a dispute between yourself and either a private party or a business. However, this is not a court that deals with criminal issues, but only financial discrepancies. The judge will look over all the evidence and hear both sides before he or she decides who owes what and how much.

Unfortunately there is a cap that is setup with a small claims court, but it depends on the province you go to court. A great example of this is Ontario, Canada that only allows $10,000 as the maximum amount. Recently that changed though to $25,000, so if you file in Ontario this would be the most you could ask for in your claim.

Now keep in mind there are a few things a judge can do once he or she has heard both sides of the case. The judge will then consider the evidence as well from each party and either:

* Award you on all accounts

* Give you a lesser amount

* Possibly rule in favor of the defendant and award you nothing

* Make a judgment for the defendant if they brought forth a counter-claim

Obviously the best case scenario is to walk out of there getting everything you asked for, but this is usually pretty hard to do if both parties come prepared. Then again, if you’re not aware of all the Canadian laws and local laws in the province you’re in it can make it even more difficult. Since this is such an issue, most people who have to be present in a small claims court in Canada will hire a paralegal.

This is why most people who are going to small claims court in Canada will hire a paralegal to represent them. A trained paralegal will have in-depth knowledge about small court claims and will know a lot about the law in Canada. Some things that they will be able to advise you on include:

* What needs to be entered as evidence.

* What you should or should not say in court.

* How to behave and how to respond to the defendants comments

* How to fill out all of the paperwork needed to file and describe your case clearly.

Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal’s assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.

Paralegals help to keep you from misrepresenting yourself in court or getting confused about the process. If you’ve never filed a claim before this can be a complete nightmare.

You: The Defendant

It’s also possible that you will be the defendant in the matter. If this is the case you should hire representation immediately. Since the plaintiff made a claim against you, a paralegal will be able to explain how it all works and find loopholes that occurred on the filer’s part. One of these small issues could win you the case and even award you money if a counter-claim suit is present.

In the end it doesn’t matter what side you’re on when it comes to a small claims court. If you take a look at the Canadian legal system on your own you will soon realize that it’s extremely complicated. Granted, criminal and jail time is not involved, but you can still lose quite a bit if the ruling goes the other way.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area

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