Small Claims Court Toronto GTA
Representation in Small Claims Court Toronto GTA
Small claims court is a branch of the superior court of justice. And governed by its own set of rules from court of justice arts. Small Claims Court Toronto GTA. Although, the small claims court can be effective to its user, the rules can be quite complex. Small Claims Court Toronto GTA ASK Legal have a special four step plan with easy flat fees for each steps. As a matter of fact, small claim courts are not smaller anymore. Maximum amount limit for suing someone is $25,000.00
However, on top of that you can claim your cost and interest at the end. Individuals that have claims for amounts much more than $25,000.00 can also sue in small courts. This is done effectively by simply claiming just $25,000.00 plus their costs and interest. The reason for doing this is largely due to the legal costs of taking claims above $25,000.00. Small Claims Court Toronto GTA Representation.
For instance, an individual who may have a claim for, let’s say, $40,000.00, may instead reason to sue for $25,000.00 in small claims, and abandon the rest of what he’s owed based on the reasoning that the loss of $15,000.00, may have been his legal fees to go to higher court (or more than that). Small Claims Court is much cheaper, and three times as quick as going through the higher court. If you hire ASK Legal to represent you in small claim court, ASK Legal can resolve / finish your claim for far less. With ASK Legal’s legal services you can properly utilize the small claims court as a mean of resolving or finalizing your legal dispute relatively quickly and efficiently.
ASK Legal services Small Claims Court Toronto GTA includes the assessment of your small claim under $25,000.00.
Four basic steps:
If you are suing someone (for example, Mr. A) you have the burden to prove your claim. ASK Legal carefully and with great attention prepare the law and evidence before drafting your claim. ASK Legal attend the court and personally file the claim and pay the filling fee. Then, ASK Legal attend to properly serve the claim upon the defendant.
A defence is filled by the defendant (for example, Mr. B), if the claim is defended ASK Legal will review and prepare what the trial may involve. Note, sometimes the defendant Mr. B can file a counter claim against you. In that case ASK Legal reassess your case and help you defend yourself from Mr. B
The court issues a settlement conference where ASK Legal prepare you and attend the court to represent you. A pre-trial is before the judge of the court and its purpose is to narrow the legal issues of your action and see if there can be settlement of the claim. If not, then the matter proceeds to trial stage, where the judge presiding will decide the case after hearing all the evidence, law, legal submissions and arguments.
Trail is usually the final step in claim, ASK Legal prepare the law where needed as well as the evidence and brief you the evidence and advice you. ASK Legal appear before a real judge in an Ontario court room, where your trial will be heard and the judge will ultimately make a judgment. Mr.A and Mr. B give their evidence and the evidence is subject to testing (cross examination) must be applied to the law, and then a Judge gives a decision at the end of it all. Trial can take anywhere from 3 hours to a couple of days (Trial dates you have to come back) in length depending on various factors. 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.
Small Claims Court Toronto GTA
During the trial process, you are expected to know the law about your case, and you must adhere to strict rules; you must also be aware of time limits and would have to have properly served all of the documents and evidence well advance of your trial; if you do not then you could face ramifications against you.
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 is un-defended.
Conversely, if you are being sued (like Mr. B) , you are a defendant and the process is similar as above, but as a defendant ASK Legal apprise you of your rights and help you forward a proper Defense to the claim, as well as represent you in court during the whole process.
ASK Legal 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.
ASK Legal also represent clients on Motions, Debtor Examinations, Garnishments and other procedures in the Small Claims Court. Call ASK Legal to find out.
Are costs recoverable/payable if I win/lose? Yes Court costs are. But generally, rule of court keeps a limit on all other costs. However, some costs you are entitled are hiring representation. If you are Mr. B and you are not successful you may be subject to pay some costs, but again ASK Legal can help you limit these, call ASK Legal for details. ASK Legal insight and ability will advantage your case and ideally you will be content with the outcomes.
The process can take anywhere from 6 months to over a year, depending on how you move the matter along and other extraneous matters.
ASK Legal offer paralegal representation services only. ASK Legal is licensed by the Law Society to represent clients in certain legal matters and before specific courts and all Administrative tribunals in Ontario. ASK Legal do not hold ourselves out to be or make any different representations anywhere. As a visitor to this website, you understand and agree with ASK Legal disclaimer when you make an enquiry or end up using ASK Legal services for any matter. Above is useful information has been provided to help ASK Legal website visitors with typical questions that ASK Legal often get calls on. Please review the information before calling ASK Legal. The information to follow, and any information displayed on ASK Legal website provides no representations, warranties or guarantees, expressed or implied, whatsoever. The information displayed is accurate to best of ASK Legal knowledge.
Read More About:
Representation in Provincial Offences Court