Small Claims Court Services

Services & Small Claims Court Procedure

Small Claims Court action is initiated by the plaintiff who requests the Small Claims Court registrar to issue a plaintiff's claim and serves a copy of the Plaintiff's Claim on a defendant. The defendant has 20 days to file their Small Claims Court Defence to the Plaintiff's Claim. If the defendant fails to file the Small Claims Court Defence, the plaintiff may require the registrar to note the defendant in default and proceed to obtain a default judgment against the defendant. The defendant can also initiate an action against the plaintiff by issuing a Defendant's Claim and serving it on the plaintiff.

After last Small Claims Court Defence has been filed, the court schedules a Settlement Conference. The purpose of the conference is to arrange a meeting of the parties before judge to discuss the potential settlement of the action.

If the action is not settled, a party can schedule a Small Claims Court Trial. At trial, the parties have to produce credible testimony and evidence to convince the judge to make decision in their favour. The judge may award costs to successful party, which is recovery of the party's legal fees.

Unsuccessful party may Appeal the Small Claims Court Judgment to the higher court within time limits prescribed by the law. The appellant must issue a Notice of Appeal with the grounds for appeal, file the Appellant's Book and Appellant's Factum with the party's legal argument.

The Small Claims Court Lawyer may assist the litigants with the following services: