How to be successful in small claims court
- Condominium Group
- Dec 30, 2007
- 2 min read
How to be successful in small claims court
December 31, 2007
In this first instalment of a three-part series on how to be successful in small claims court, Toronto litigator Stefan Rosenbaum discusses how to get a claim started.
While Ontario small claims court proceedings are ostensibly designed for non-lawyers to settle matters without the expense of suing in Ontario Superior Court, the process still requires some legal expertise, says Toronto litigator Stefan Rosenbaum, who handles such matters as part of his practice.
Rosenbaum, an associate with Shibley Righton LLP, says small claims courts will hear cases worth $25,000 or less and caps legal fees that can be awarded after trial to 15 per cent of the total claim — provided there aren't any extenuating circumstances.
“Certainly they can represent themselves — and people do — or they can hire a paralegal or a lawyer,” says Rosenbaum, adding that some offer flat fees for guiding litigants before trial.
“And you sometimes get big guns coming in to oppose your claim,” he tells AdvocateDaily.com. “I had a case recently which involved a Bay Street lawyer from a big firm.”
Small claims court is the venue for such disputes as unfinished renovation contracts, wrongful dismissals if the amounts are relatively small, damage caused by a pet, and claims for money owed under an agreement, like unpaid accounts for goods or services sold and delivered, unpaid loans or rent, and bounced cheques, explains Rosenbaum.
You can also claim for damages, such as to property, or clothes damaged by a dry cleaner, personal injuries or breach of contract, he says.
This is an excerpt from an article that appeared on AdvocateDaily.com.
