Making A Claim
Professional Small Claims Court Services Toronto, Ajax, Brock, Clarington, Oshawa, Pickering, Scugog, Uxbridge, Whitby, Etobicoke, Mississauga, Oakville, Brampton, Richmond Hill, King City, Whitchurch-Stouffville, Vaughan, Markham, Oak Ridges, Aurora, Newmarket and North York and surrounding areas.
The Small Claims Court does not have the jurisdiction to hear the following types of matters;
All matters between a landlord and a residing tenant
Applications for injunctive relief
Class action lawsuits
Appeals from another court's decision
Any claim over $25 000 in value
Preparation
In order to prepare an effective claim SW Legal Services pieces together your claim in a logical and concise manner, allowing the court to see the claim the way you do. This is done by gathering evidence to support the following elements;
Identify who you want to sue
The plaintiff is the party that brings the action against another party or more than one party. Knowing the correct name(s) of the party(ies) you wish to sue is the first step to bringing a claim. The legal name of a business can be difficult to determine without first conducting searches to obtain the corporate registration. This document will list clearly who the officers and administrators of a given corporation are. Successful enforcement of a judgment is based solely on the information contained in the documents you file with your claim. If your information is incorrect, you may have difficulties collecting through the various enforcement options. Contact SW Legal Services for a free consultation to ensure you can establish your claim.
Can you get paid?
Do you know where the party has their bank accounts? Do they own property? Do they have a good job that they wouldn’t want to leave if you garnish their wages? Getting paid after winning a judgment can be challenging. Knowing if the party that you are claiming against can pay you is always important to know before you lay your claim.
It’s important to know if the party you wish to sue is going bankrupt or has outstanding judgments already against them. They may already be subject to a garnishment from another creditor.
Filing and Serving Your Claim
The location where you file the claim is at a Small Claims Court. Each court services a geographical area, or jurisdiction. It is always best to file the claim in the jurisdiction that the debtor lives in, or carries on business. This ensures that enforcement is able to be carried out expeditiously. In the alternative the claim can be filed where the action arose.
The rules of the Small Claims Court changed on January 1, 2010 effecting the rules of how a claim is served on the Defendants (the party(ies) defending an action are referred to as the Defendant(s)). The claim must be personally served on individual Defendants, and when serving a corporation, all officers must be either personally served, or a person in a position of management, at the normal office of business, with a copy being sent by regular mail immediately.
This process of service is often the most difficult part of laying a claim. Often people who know hey are being pursued, can attempt to avoid service.
SW Legal Services employs only experienced process servers, ensuring the best efforts are made to serve defending parties.
Gathering Evidence
It’s ideal to keep a paper trail of all transactions or contractual agreements. Take photos of objects, work done by a contractor; etc. Keep copies of canceled cheques and receipts. When you come to your initial free consultation bring all relevant documents you think will aid to support your claims against the opposing parties.
Keep a diary. When you think a situation is developing into a possible claim, write a journal of the events so you can recall important dates and times so they can be recalled with more clarity in the future. It also helps if you prepare a synopsis of the events, to aid us in preparing your claim.
Often gathering proper evidence will require you to obtain a report from a professional such as a home inspector or engineer in order to prove your case. These professionals also may charge a fee for both their report, and court appearance if required.
SW Legal Services is able to obtain corporate records, and order searches for various other sources of information.
If you lack evidence to support your claim, it may still be successful. Consult with the representatives at SW Legal Services to understand if you have the correct evidence required for your claim.
Typical forms of evidence can be:
Verbal Agreements/Verbal Evidence
Signed Contracts
Photographic Evidence
Expert Reports (engineer, home inspector, etc.)
NSF/Returned Cheques
Bank Statements
Invoices
Utility Bills
Log Book Entries
Business Documents, etc.
Limitations on Civil Actions
Bringing your claim in a timely and efficient manner is critical to ensuring that you are not in breach of the Limitations Act. In Ontario, the general limitation period of civil claims is 2 years from the date of the loss/occurrence. This is not always simply determined by the calendar. Contact SW Legal Services in a timely fashion to ensure that you don’t miss your opportunity to recover damages.
Preparing and filing the required documents can be very time consuming. SW Legal Services understands your needs of obtaining a judgment in a cost effective and expeditious manner. That is why we take all the stress and worry of preparations and procedures off your shoulders.
Each court process requires document preparations, filings, and usually a filing fee, payable to the Minister of Finance of Ontario. SW Legal Services provides a hassle-free flat fee structure which will allow you the security of knowing what the full costs for our services will be. For a free no obligation quote of our flat fee services, Contact SW Legal services.
Once you have obtained a judgment, and the debtor is refusing to pay, enforcement efforts may also involve fees to collect your money. SW Legal Services offers a wide range of options for post-judgment collection.
The information provided above is intended to aid you in preparing to attend our free consultation. Being prepared for the interview ensures the best opinion and advice from our legal service providers. The information provided below is not legal advice from SW Legal Services, and it may not apply in every situation.
If you need to sue a company or person then Contact SW Legal Services. We offer a friendly and professional atmosphere. Get a Free, No-obligation Quote and we’ll answer any questions that you may have. We’ll also give you free advice on the Small Claims Court proceedings. Contact us today at 905-747-3315.
EMAIL: INFO@SWLEGALSERVICES.CA
95 Mural St. Suite 600
Richmond Hill
Ontario, Canada
Postal Code: L4B 3G2
TEL: 905-747-3315
1504 Markham Rd
Scarborough
Ontario, Canada
Postal Code: M1B 2V9
TEL: 416-335-0546
Professional Small Claims Court Services Toronto, Ajax, Brock, Clarington, Oshawa, Pickering, Scugog, Uxbridge, Whitby, Etobicoke, Mississauga, Oakville, Brampton, Richmond Hill, King City, Whitchurch-Stouffville, Vaughan, Markham, Oak Ridges, Aurora, Newmarket and North York and surrounding areas.