Small Claims Court In Canada – Do You Need Representation?

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.

Depending on the province, there will be a cap on how much money you can ask for in a small claims court. For instance, in Ontario the maximum allowed was $10,000, but that has recently been more than doubled to a $25,000 limit. That means when you file in a small claims court in Ontario the most you can ask to be awarded from the defendant is $25,000.

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 everything you are asking.

* Give you a lesser amount

* Possibly rule in favor of the defendant and award you nothing

* Award your defendant instead, if they have entered 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 is why most people who are going to small claims court in Canada will hire a paralegal to represent them. A trained paralegal will have in-depth knowledge about small court claims and will know a lot about the law in Canada. Some things that they will be able to advise you on include:

* Everything will need to be entered as evidence

* What you should or should not 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

It’s also possible that you will be the defendant in the matter. If this is the case you should hire representation immediately. Since the plaintiff made a claim against you, a paralegal will be able to explain how it all works and find loopholes that occurred on the filer’s part. One of these small issues could win you the case and even award you money if a counter-claim suit is present.

The point is it really doesn’t matter what side of the fence you’re on, because a paralegal is crucial to have in your corner. After all, what happens if the other party brings one with them and you are all by your lonesome? The end result could be menacing and the ruling will most likely go the other way.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area