NG Legal Services Professional Corporation Legal Services Toronto is able to help you every step of the way with your Small Claims Court litigation. NG not only handles your lawsuit against the person or people responsible for your losses wherever they exists, but also approaches your legal problem strategically so that your claims success can be maximized in the most efficient way possible, below is a basic description of how Small Claims Court works;
Small Claims Court is a specialized court in Ontario, Canada that deals with civil claims of up to $35,000. Small Claims Court is designed to provide a simpler, faster, and more cost-effective alternative to traditional litigation in Superior Court. In this article, we will explore the process of Small Claims Court litigation in Ontario.
Filing a Claim
The first step in Small Claims Court litigation is to file a claim with the court. A claim is a written statement of the facts and the relief sought by the plaintiff. The plaintiff must pay a fee to file the claim and serve it on the defendant. Once the claim is filed and served, the defendant has a set amount of time to respond.
Before a Small Claims Court case goes to trial, the parties may be required to attend a mediation session. Mediation is a voluntary process where a neutral third party, called a mediator, helps the parties try to reach a settlement. The mediator does not make a decision or impose a settlement, but rather facilitates communication between the parties.
If the parties are unable to reach a settlement through mediation, the case will proceed to trial. Small Claims Court trials are usually heard by a judge alone, without a jury. The trial is an opportunity for both parties to present their evidence and arguments to the judge, who will then make a decision based on the evidence and the law.
After the trial, the judge will issue a judgment. The judgment is a written decision that sets out the judge's findings of fact, conclusions of law, and the relief granted to the successful party. If the plaintiff is successful, the judgment will usually include an award of damages and costs.
If the defendant does not comply with the judgment, the plaintiff may need to take steps to enforce the judgment. This may involve seizing the defendant's assets or obtaining a court order for the payment of the judgment. in many cases even though you obtain an award (judgment) in your favor, you may be required to fight to collect it. NG can enforce your Judgments by Garnishing (taking money) from the individual's bank accounts, hourly wages directly from the employer, and/or property.
If a party is unhappy with the judgment, they may have the right to appeal to the Divisional Court. However, the appeal must be filed within a strict timeline and is limited to certain grounds of appeal.
In conclusion, Small Claims Court litigation in Ontario provides a simpler, faster, and more cost-effective alternative to traditional litigation. Filing a claim, attending mediation, going to trial, receiving a judgment, enforcing the judgment, and potentially appealing the judgment are the key steps in the Small Claims Court litigation process. It is important to seek legal advice when considering Small Claims Court litigation to ensure that your rights and obligations are protected.
When dealing with possible litigation NG will help you by identifying the issues and moving through the process of elimination;
Identifying a Breach of Contract
The first step in contract litigation is identifying a breach of contract. A breach of contract occurs when one or more parties to a contract fail to fulfill their obligations under the contract. A breach can be material or minor, and the nature of the breach will determine the legal remedies available to the injured party.
Pre-Litigation Negotiations and Demand Letter
Before commencing litigation, the parties may attempt to negotiate a settlement or resolution of the dispute. Negotiations can be conducted directly between the parties, through Paralegals, Lawyers or with the assistance of a mediator or other neutral third party.
Commencing a Lawsuit
If negotiations are unsuccessful, the injured party may commence a lawsuit by filing a statement of claim with the court. The statement of claim sets out the facts and legal arguments supporting the claim, as well as the relief sought.
Once the statement of claim has been filed, the defendant will have a set amount of time to file a statement of defence. The statement of defence sets out the defendant's response to the allegations in the statement of claim, as well as any defences or counterclaims.
Pretrial Settlement Conference
After the pleadings have been filed, the parties will engage at the pretrial Settlement Conference in an attempt to settle. The purpose of Pretrial is to gather any remaining evidence and narrow the facts that will be used at trial if settlement is not possible.
During the litigation process, either party may bring a motion to the court for various reasons. Motions can be used to seek a variety of relief, such as to strike out a claim or defence, to compel the production of documents, or to obtain a summary judgment.
If the matter proceeds to trial, the parties will present their evidence and arguments to a judge, who will make a decision based on the evidence and the law. Trials can be lengthy and expensive, and the outcome is uncertain.
After the trial, the judge will issue a judgment. The judgment is a written decision that sets out the judge's findings of fact, conclusions of law, and the relief granted to the successful party.
If the judgment is in favour of the plaintiff, and the defendant does not comply with the judgment, the plaintiff may need to take steps to enforce the judgment. This may involve seizing the defendant's assets or obtaining a court order for the payment of the judgment.
NG offers Legal Services Toronto, Paralegal Services in Toronto, and works with a network of some of the most experienced Paralegals, Contract Lawyers Attorneys in Toronto operating throughout all of Ontario, Let NG Legal Services Professional Corporation deal with the stress of your litigation for you.
If you have a dispute in Toronto or any city in Ontario, send an email to firstname.lastname@example.org or call NG to schedule a review and learn more about how NG can help you with your case, 647-317-1908.
Below is a list of some of the most common issues you may be litigating: