Before making a claim in Ontario, you need to know which court to make your claim.
Currently, for claims under $35,000, you may issue your claim in Small Claims Court. The procedure in Small Claims Court is much simpler than in the Superior Court of Ontario. This aims to reduce the parties’ legal costs for claiming smaller amounts of damages. A settlement conference will be held before a judge after the parties have filed their pleadings. The parties can make use of this opportunity to negotiate and reach a settlement agreement. If no agreement is reached, the claimant may ask to proceed with trial. Having said that, it can still be costly if the case has to go to trial. Katherine Lam can offer flexible options to help you with your claim in Small Claims Court.
For claims above $35,000, you must issue your claim in the Superior Court of Ontario. For claim amounts between $35,000 and $200,000, it will fall under the simplified procedure. For cases initiated in Toronto (as well as Ottawa and Windsor), mediation is compulsory before the case can go to trial. Usually, parties will arrange mediation during the discovery stage, i.e. after they have exchanged pleadings. Some parties may prefer to do it before examination for discovery in order to save costs. But others may prefer to do it after the examination for discovery so that the parties will have a better understanding of each other’s evidence, and the merits and weakness of each other’s case, which may facilitate the mediation. Of course, if the parties cannot reach agreement, the case will have to proceed with trial. However, it can take a long time before the case is tried before a judge, no matter whether the case is under simplified procedure or not.
Katherine Lam assists her clients in obtaining a cost-effective solution. She puts her clients’ interests first in helping to achieve their goals, to recover damages or to defend against other’s claims. She encourages settlements when offers are reasonable, but does not hesitate to fight for her clients’ best interests.
Except in special circumstances, there is a 2-year limitation period for lodging claims for damages in either Small Claims Court or the Superior Court of Ontario. That means you need to file your claim with the court within 2 years from the date your loss occurred in order to preserve your rights.
If you would like to seek advice on making or defending a claim for damages in either Small Claims Court or Superior Court of Ontario, contact Katherine Lam at 1-437-900-1688 or klam@lamlawfirm.ca.
Disclaimer: The information contained in this article is general in nature and does not constitute legal advice. Please contact Lam Law Firm Professional Corporation for legal advice.
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