It's a great question and the answer is YES! If you've never been to a small claims court it's used when there is a dispute between yourself and either a private party or a business. However, this is not a court that deals with criminal issues, but only financial discrepancies. The judge will look over all the evidence and hear both sides before he or she decides who owes what and how much.
Another thing you have to consider is the province, because the cap will fluctuate in each location. It used to be that Ontario, Canada would only allow for $10,000 to be the most awarded, but this has recently changed to $25,000. So when you file a claim in Ontario the most you can ask for now is twenty-five grand, but it doesn't mean you'll get it.
In fact, there are a few things the judge can do once he or she has had a chance to listen to both sides of the case. They will then consider the evidence and either:
* Award you on all accounts
* Award a lesser amount of what you are asking.
* Award you nothing at all.
* Make a judgment for the defendant if they brought forth a counter-claim
The best case scenario is to walk out with everything you are asking for so you are made financially whole. Yet, that is very hard to do on your own unless you have substantial knowledge of Canadian law as well as the local laws in your province.
This way all the information and laws that you aren't aware of will be known by the paralegal. This can definitely give you an edge in the courtroom. A paralegal will be able to advise you on:
* Entering everything that needs to go into evidence
* The specific things you should say in court
* The best way to behave in court and how to respond to comments made by your defendant
* The specific ways to file paperwork and how to clearly describe your case to the judge.
Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal's assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.
One of the best parts to hiring a paralegal is they will help you keep from misrepresenting yourself and getting confused in the process. If this is your first go round in a small claims court, it can be a nightmare if you're not prepared.
You: The Defendant
If you happen to be the defendant in the situation, the first thing you should do is hire representation. Taking this route will give the paralegal on your side an opportunity to explain the process and provide you with any loopholes or mistakes that occurred on the filer's part. This alone could get you off the hook immediately or even end up giving you an award instead with your counter-claim.
No matter what side of the case you are on, the Canadian legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a small claims court proceeding.
Another thing you have to consider is the province, because the cap will fluctuate in each location. It used to be that Ontario, Canada would only allow for $10,000 to be the most awarded, but this has recently changed to $25,000. So when you file a claim in Ontario the most you can ask for now is twenty-five grand, but it doesn't mean you'll get it.
In fact, there are a few things the judge can do once he or she has had a chance to listen to both sides of the case. They will then consider the evidence and either:
* Award you on all accounts
* Award a lesser amount of what you are asking.
* Award you nothing at all.
* Make a judgment for the defendant if they brought forth a counter-claim
The best case scenario is to walk out with everything you are asking for so you are made financially whole. Yet, that is very hard to do on your own unless you have substantial knowledge of Canadian law as well as the local laws in your province.
This way all the information and laws that you aren't aware of will be known by the paralegal. This can definitely give you an edge in the courtroom. A paralegal will be able to advise you on:
* Entering everything that needs to go into evidence
* The specific things you should say in court
* The best way to behave in court and how to respond to comments made by your defendant
* The specific ways to file paperwork and how to clearly describe your case to the judge.
Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal's assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.
One of the best parts to hiring a paralegal is they will help you keep from misrepresenting yourself and getting confused in the process. If this is your first go round in a small claims court, it can be a nightmare if you're not prepared.
You: The Defendant
If you happen to be the defendant in the situation, the first thing you should do is hire representation. Taking this route will give the paralegal on your side an opportunity to explain the process and provide you with any loopholes or mistakes that occurred on the filer's part. This alone could get you off the hook immediately or even end up giving you an award instead with your counter-claim.
No matter what side of the case you are on, the Canadian legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a small claims court proceeding.
About the Author:
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area
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