Yes, you can file a claim in Ontario Small Claims Court without a lawyer. In fact, the Small Claims Court is specifically designed to be accessible for self-representation, and many people choose to represent themselves in these proceedings.
Yes, you don’t need to hire a lawyer or paralegal to sue someone. However, you may want to consult a lawyer or paralegal to assist you with the process.
Filing a claim in Small Claims Court without a lawyer
Here are some key points to consider:
- Simplified process: Small Claims Court procedures are generally less formal and simplified compared to other courts, making it easier for individuals to navigate without legal representation.
- Cost-saving: By representing yourself, you can avoid the expenses associated with hiring a lawyer, such as legal fees and disbursements. However, there are still filing fees and other costs associated with initiating a claim.
- Resources and information: The Ontario Ministry of the Attorney General provides resources and information to help individuals understand the Small Claims Court process. You can access forms, guides, and other materials on their website.
- Duty counsel and legal clinics: In some situations, you may be able to seek assistance from duty counsel, who are lawyers available at the courthouse to provide limited legal advice and guidance. Additionally, there are legal clinics that offer free or low-cost legal services for individuals who meet their eligibility criteria.
- Preparation and research: It’s important to thoroughly prepare your case by gathering all relevant documents, understanding the applicable laws, and researching the legal principles that apply to your claim. This will help you present your case effectively in court.
- Considerations and limitations: While self-representation is possible, it’s crucial to be aware of your limitations and consider seeking legal advice in complex cases or situations where the stakes are high. Legal professionals can provide valuable guidance, particularly if you are unsure about legal procedures, rules of evidence, or the strength of your case.
Remember that it’s essential to review the most up-to-date information provided by the Ontario Ministry of the Attorney General or consult with a legal professional for accurate and detailed guidance specific to your case.
How much does it cost to file a claim in Ontario Small Claims Court?
The total costs of filing a claim depends on the steps you take. Generally, you will have to pay:
- $108 for filing a claim
- $94 for filing of a request for default judgment
- $308 for setting a date for a trial or an assessment hearing
- $127 for filing a Notice of Motion for an Assessment in Writing
You may have to pay other court fees besides the ones above, depending on the steps you and the other party take in their case. Depending on your case, you might have to pay for other expenses like travel costs for witnesses or interpretation services.
The judge might order the person you are suing (“the defendant”) to pay some of the costs if you win the case. If you lose, you might have to pay your own costs and some of the defendant’s costs.
Even if you win your case, the money will not be paid automatically
Even if you win, the person or business you sued may not pay you or return your goods. If this happens, you will need to enforce (attempt to collect) the judgment, which also involves fees. It’s worth noting that if you are successful in your claim and are awarded a judgment in your favor, you may be able to recover some or all of the filing fees as part of your costs. However, this is subject to the court’s discretion, and you should consult the rules and procedures of the Small Claims Court for further information on cost recovery.
By Carlos Perdomo
Licensed Paralegal
Source:
https://www.ontario.ca/page/suing-someone-small-claims-court
