Small Claims Court

Settle your claims in Ontario Small Claims Court

The Ontario Small Claims Court is a branch of the Superior Court of Justice that focuses on monetary and property claims up to $25,000.00, excluding interest and costs which may be awarded at trial.  The Small Claims Court may deal with claims that arise as a result of, and not excluding the following:

  • Claims against a party that owes money
  • Claims for money owing for a service provided
  • Claims for damage caused by a car accident

The Small Claims Court has always been known as the “people’s court” and this is why an individual or a company is allowed to be self-represented before the court; however, here are many reasons why you should retain us when dealing with a Small Claims Court matter for yourself or your company:

  • You will no longer have to worry about any deadlines which may be very important
  • You will no longer have to deal with the other party and stress about how to approach them
  • You will no longer have to complete legal forms which may be unknown to you
  • You will no longer have to attend court alone and speak before the judge: we will do it for you!
Having a successful Small Claims Court settlement begins with HPPC.

We will put in motion our many years of legal experience and knowledge when before the courts so that you are represented in a professional matter.  Dealing with the complex legalese and the court system can be challenging, so let us deal with it!

If you are a Plaintiff

If you are an individual or you operate a company and someone owes you money or someone has something which you believe is yours, you have a legal right to bring an action before the courts.  Having the right legal representation can make the experience smoother as we would monitor and act upon all necessary steps throughout the process.  We as your legal representative would be in assistance for the following in your action:

  • Negotiating/Demand Letters
  • Drafting legal documents for example the Plaintiff’s Claim
  • Filing forms with the Court
  • Serving documents on the Defendant(s)
  • Attending Settlement Conferences, Assessment Hearings, Motions, Trials

As a potential Plaintiff, you should keep in mind that:

  1. The court may not be the first solution to your problem.  As your legal representative, we will attempt to negotiate with the other party to save you time and money by avoiding legal action.
  2. There is a limitation period for you to commence a proceeding in court.  Contact our office to determine your limitation period so that you do not miss it!
  3. If your case is more than $25,000.00, and you are unsure whether to sue in the Small Claims Court than contact our office.  We can estimate your expenses!  When considering Superior Court of Justice, note that court costs are higher and you would have to retain a lawyer at which point your costs would significantly increase.
  4. Be cautious when dealing with a company!  You must determine whether you are dealing with a sole proprietor, partnership or a corporation.  We will help you determine that by conducting the right searches to determine the appropriate parties to the action.
  5. Determining where to file a claim is a crucial factor to the entire case.  There are rules indicating on where your case should be heard.  Call us and we will sit down with you to determine which jurisdiction your case must be heard.
With HPPC Hrabyk Paralegal, get the Small Claims Court settlement you are entitled to.

If you are a Defendant

Being a defendant to an action can be a very stressful and dreadful experience especially the moment you find out that you are being sued.  Having the right legal representation can make that experience less stressful as we would monitor and act upon all necessary steps throughout the process.  We as your legal representative would be in assistance for the following in your action:

  • Negotiating
  • Drafting legal documents for example the Defence or Defendant’s Claim
  • Filing forms with the court
  • Serving documents on the Plaintiff(s)
  • Attending Settlement Conferences, Motions, Trials

As a potential Defendant,
you should keep in mind that:

  1. There is always the possibility of settlement before you proceed to file the defence.  Consult our office so that we may act quickly and attempt to resolve the matter on your behalf with the plaintiff without proceeding to court.  If your matter settles, the claim can always be withdrawn.  This way you save time and money!
  2. There is a deadline for you to file a defence.  Do not prolong it.  Speak to us immediately about protecting your rights and filing the appropriate documents on time with the court if you choose to defend yourself.
  3. Should the Plaintiff be suing someone else altogether?  Is there someone else that should be added as a party to this action?  Consult us and we will help you determine who should be a party to the action.

Fees

Every case is different and unique in its own way.  As a result, we have determined that it would best benefit our clients if only upon reviewing the case can a fee be set and the type of payment arrangement for a specific matter.  We are open and willing to work with our clients to meet their situation at hand by providing:

  • Hourly rate – We will charge you a specific amount for every minute we work on your file.
  • Blocked rate – We will set a flat fee to do a specific tasks, for example preparation of defence or attendance at trial.
  • Contingency rate – We will set a percentage amount of which you will pay us if your lawsuit is successful or is settled in your favour.

It is important to note that clients are responsible for their own disbursements, being your out of pocket expenses.  Examples of disbursements include, but are not limited to filing a Plaintiff’s Claim, filing a Defence, process serving, photocopying.