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In Ontario, the Small Claims Court handles civil disputes involving claims up to $35,000. Here are some of the key rules of civil procedure that apply in Small Claims Court:
Filing a Claim: To start a claim in Small Claims Court, you need to fill out a Plaintiff's Claim form and file it with the court. You will also need to pay a filing fee, depending on the frequency in which you file claims.
Service of the Claim: Once you file your claim, you will need to serve a copy of it on the defendant(s) named in the claim. You can do this in person, by mail, or by hiring a process server.
Defence and Counterclaim: If the defendant wants to dispute your claim, they will need to file a defence within 20 days of being served with your claim. They may also file a counterclaim against you if they have a claim against you that is related to the subject matter of your claim.
Settlement Conference: After the defence is filed, the court will schedule a settlement conference, where both parties will meet with a judge or mediator to try to resolve the dispute.
Trial: If the parties are unable to settle the dispute, the court will schedule a trial. At the trial, each party will present evidence and witnesses to support their case, and the judge will make a decision.
Judgment and Enforcement: If the judge rules in your favor, you will be issued a judgment. If the defendant fails to pay the judgment, you can take steps to enforce it, such as garnishing their wages or seizing their assets.
These are just some of the key areas of civil procedure that apply in Small Claims Court in Ontario. It is important to note that the rules and procedures may vary depending on the specific circumstances of your case, so it is advisable to seek legal advice if you are considering filing a claim in Small Claims Court.
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