Small Claims

The claim limit in Small Claims Court (either if you are suing or being sued) is $10,000.00 excluding costs and interest. Our service includes the assessment of your small claim under $10,000.00 (and the following).

Issuing, filing and service of the claim - If a defense by the other party we attend a pre-trial conference (settlement conference), if no defense is filed we file for a default judgment.

Trial is usually the final step in claim; we prepare the law (where needed), the evidence, the witnesses and appear before a Judge in a court room where it will be Judgment day. Mr. A and Mr. B (and whoever else involved) give their evidence. Then the evidence is subject to testing (cross examination) and must be applied to the law, and then a Judge gives a decision. A Trial can take anywhere from 3 hours to 4 days (or more) in length depending. It is rare however for a Trial in Small Claims Court to take more one day (or sometimes two days), but on occasion there is not enough time to finish so the Trial is continued to another day.

During all of the above, you must adhere to strict rules and time limits as well as affect proper service of documents and evidence, and if you do not then your claim can be defective, hence invalid.

If the matter is not defended, then the process moves ahead to a Trial by Assessment however you must still follow protocol and present sufficient evidence to prove your claim even if it un-defended.

We can also assist you negotiate a settlement in which case, you will not have to go to a Trial. However, the parties have to both be in agreement to settle and this process is really a joint effort.

We also represent clients on Motions, Debtor Examinations, Garnishments and other procedures in the Small Claims Court.

Are costs recoverable/payable if I win/lose? - Yes Court costs are. But generally, other costs are kept within limits by the Rules of the Court, so if you are looking to recover all your costs for representation, you probably will not. However, some costs you are entitled to as well as cost you will spend on hiring representation. If you are Mr. B and you are not successful you may be subject to pay some costs, but again we can help you limit these, call us for details. Please note that you can't put a price on good representation, our knowledge and skill will only benefit your case and hopefully you will be content with the results.

The process can take anywhere from 6 months to over a year, depending on how you move the matter along and other extraneous matters.

We have an excellent success rate.

Now, ask yourself: Want us to represent you in court? Contact us!

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