Overview
Civil Justice for Small Disputes
Jurisdiction and Process
- Monetary Limits: Located within the Superior Court of Justice building, the Small Claims Court adjudicates civil disputes where the claim amount is $35,000 or less. It is the primary venue for resolving issues such as unpaid loans, contractor disputes, rent arrears, and personal property damage.
- Settlement Conferences: A mandatory step in contested cases is the settlement conference. Litigants meet with a judge to discuss the case informally, aiming to reach a mutually agreeable resolution without the time and expense of a full trial.
- Self-Representation: Procedures are designed to be simpler than the higher courts, allowing individuals to represent themselves (‘pro se’). The court administration provides forms and guides, though staff cannot offer legal advice on the strength of a case.
Administration and Enforcement
- Filing Documents: The court clerk accepts filings for Plaintiff’s Claims, Defences, and Defendant’s Claims. While online filing is available for many documents, the counter serves those needing to file in person or access specific court records.
- Enforcing Judgments: If a plaintiff wins but the debtor refuses to pay, the court provides enforcement mechanisms. Creditors can apply for a Writ of Seizure and Sale (to take property) or a Notice of Garnishment (to take money from wages or bank accounts).
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