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Describe the function of Small Claims Court

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Describe the function of Small Claims Court

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Small-claims courts have limited jurisdiction to hear civil cases between private litigants. They are meant to settle civil disputes.
For example: accidental report lawsuit, or occupational health and safety in a workplace.
The maximum amount a person can sue for in Small Claims Court, before interest and costs, is $25,000

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Want to learn about the Ontario Small Claims Court on the go? Take a break from reading and listen to the Ontario Small Claims Court Podcast, available on iTunes and Stitcher. Paralegal, Simon M. Brown walks you through the small claims court process from your decision to sue or not to sue, all the way through to trial. 

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Want to learn about the Ontario Small Claims Court on the go? Take a break from reading and listen to the Ontario Small Claims Court Podcast, available on iTunes and Stitcher. Paralegal, Simon M. Brown walks you through the small claims court process from your decision to sue or not to sue, all the way through to trial. 

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Source: http://www.osccpodcast.ca/

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Talk radio, podcasts and live radio on demand in 1 mobile app | Stitcher Web App

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Discover the Best of 65,000+ shows on demand. Hear CNN, BBC, Fox News, NPR, Maddow, Carolla, This American Life, Freakonomics - plus more.

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https://www.youtube.com/watch?v=gojfY_whO1E
The above link is to a video on YouTube about the Ontario Small Claims Court process.

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Describe the 7 Steps to Trial in Small Claims Court

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Describe the 7 Steps to Trial in Small Claims Court

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1. To make an appointment to speak with a paralegal or a lawyer for consultation pursuing a matter, they will ask you to bring in every information you have along with Plaintiff Claim he or she will guide your thru this process.

2. File your claim on Plaintiff Form, if you filing for more than $25,000 you may want to hire a lawyer to settle your case in superior court or if its under $25,000 you do not need a lawyer.

3. If you are suing a person or company, complete your Plaintiff Claims form in specific details.
Identify yourself and the defendant, the paralegal or lawyer will review your file in order to process your claim. As for the defendant, they will submit his/her information.

4. If you can't afford legal fee services, lawyer will suggest you to do fee waiver.
(for more specific information, check out a guide step by step details.)
http://ontariocourtforms.on.ca/static/media/uploads/courtforms/fw/fwguide/Guide-to-Fee-Waiver-Requests-EN.pdf

5. Submit as many information details as possible as evidence, in order to continue your process and it will be used in court. Before submitting your documents, carefully review your copies, and have a witness attached with summons form and signed stating your plaintiff is true.
If any additional information, please notify your paralegal or lawyer.
(IMPORTANT: keep all your original documents)

6. Once all your filing is completed and information provide for open court, have your questions ready and if you want your witness to testify, he/she must provide answers and prepared to state your claim.

7. In court, the judge will each explain your case and the defendant regarding a small claim with parties during recess, if you win this claim, you may become a creditor and the defendant a debtor, once the judge grants your case in court hearing.

(If you have any questions or concerns, you may speak with a paralegal or lawyer.)

Plaintiff Forms link below and carefully state your file in specific detailed and will be examine by paralegal or lawyer as consultation in order pursuing your case.
http://ontariocourtforms.on.ca/en/

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https://www.youtube.com/watch?v=x2eZnIEZn6c&index=2&list=PL66E623A0D970A1DA
The above link is a video on youtube about starting a claim and completing process.

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Small Claims Court Steps (where claim is defended)

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Small Claims Court Steps (where claim is defended)

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1. Plaintiff’s Claim

2. Affidavit of Service

3. Defence

Settlement Conference

4. Defence with Proposed Terms of Payment

Terms of Payment Hearing (Optional)

Terms of Settlement

Motion to vary terms of settlement

5. Trial

Enforce judgment, or

Appeal to Divisional Court

6. Order

Notice of default of payment

Affidavit of service and Affidavit of default of payment

Default judgment

7. Enforce Judgement

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Small Claims Court Steps (where claim is undefended)

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Small Claims Court Steps (where claim is undefended)

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1. Plaintiff’s Claim

2. Affidavit of Service

3. Request to Note In Default

Default Judgment

Assessment for Damages

4. Motion to Set Aside Judgment
5. Enforce Judgement

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The Plaintiff is the one bringing the dispute to court. They describe their claim on a Plaintiff's Claim form to inform the judge of what the issue is.  The Plaintiff's claim below states that they agreed to purchase a car that would pass a safety. They paid the agreed upon amount for the vehicle but the car did not pass the safety, it needed a lot of work. They returned the car but the seller refused to give them their money back.

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The below form is used by the Defendant to respond to the Plaintiff's claim.  The Defendant can either accept the claim or dispute it. In this case the Defendant agreed that they should have paid the amount back to the Plaintiff.  The Defendant did not dispute the Plaintiff's claim.

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For Small Claims Courts in Ontario, A Summons is used to get a witness to attend and testify at court.

Had the defendant in this case decided not to settle he may have chosen to summon his mechanic, who had performed the vehicle safety just a few months prior to sale, as a witness to his good faith that the vehicle would pass a safety.

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Information Overload? Infographic to the rescue! 

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Information Overload? Infographic to the rescue! 

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The infographic below describes five major steps in Ontario Small Claims Court.
Source: "Society Notes" The official blog of the Ontario Society of Professional Engineers https://blog.ospe.on.ca/membership/3167/

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Quiz - Are you ready to face Judge Judy in Small Claims Court?

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Quiz - Are you ready to face Judge Judy in Small Claims Court?

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Take our quiz to test your Ontario Small Claims Court knowledge.

https://www.proprofs.com/quiz-school/story.php?title=are-you-ready-for-small-claims-court

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Mercedes Deroy
deroyme1@northernc.on.ca
Tera macfie
macfiete1@northernc.on.ca
Brooke St Onge
stongebr1@northernc.on.ca
Kelly Westlake
westlakeke1@northernc.on.ca
Leo Koostachin
Koostachinl0@northernc.on.ca

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INFORMATION AND RESOURCE LINKS ARE LISTED BELOW 

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INFORMATION AND RESOURCE LINKS ARE LISTED BELOW 

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https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/. Small Claims Court. n.d. Web. 28 Sept. 2017.

http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/

http://justicematters.ca/schema/wp-content/uploads/2015/02/Ontario-Small-Claims-Court-Chart-2015-2.png~

© KPA Lawyers Professional Corporation 2017 https://www.youtube.com/watch?v=gojfY_whO1E

https://allontario.ca/small-claims-court/