Canadian Small Claims Court- Is Representation Necessary?
It’s a great question and the answer is YES! If you’ve never been to a small claims court it’s used when there is a dispute between yourself and either a private party or a business. However, this is not a court that deals with criminal issues, but only financial discrepancies. The judge will look over all the evidence and hear both sides before he or she decides who owes what and how much.
Unfortunately there is a cap that is setup with a small claims court, but it depends on the province you go to court. A great example of this is Ontario, Canada that only allows $10,000 as the maximum amount. Recently that changed though to $25,000, so if you file in Ontario this would be the most you could ask for in your claim.
That said, a judge can do a few different things after hearing all sides of your case and considering all of the evidence entered by you and the other party involved:
* Award you on all accounts
* Award a lesser amount of what you are asking.
* Possibly rule in favor of the defendant and award you nothing
* Make a judgment for the defendant if they brought forth a counter-claim
Obviously the best case scenario is to walk out of there getting everything you asked for, but this is usually pretty hard to do if both parties come prepared. Then again, if you’re not aware of all the Canadian laws and local laws in the province you’re in it can make it even more difficult. Since this is such an issue, most people who have to be present in a small claims court in Canada will hire a paralegal.
This way all the information and laws that you aren’t aware of will be known by the paralegal. this can definitely give you an edge in the courtroom. They will be able to advise you on:
* Everything will need to be entered as evidence
* What to say in court
* How to behave in court and respond to your defendant’s comments.
* How to describe your case and fill all the paperwork out properly
Another issue is when you have written and verbal testimony that contradict one another. You will find that a judge is very good at picking up on these small differences. The worst part is just one of them could make a huge different in your case and cause you to lose. This is just one of the many reasons why a paralegal’s assistance is important.
Paralegals help to keep you from misrepresenting yourself in court or getting confused about the process. If you’ve never filed a claim before this can be a complete nightmare.
You: The Defendant
If you are the defendant going into small claims court because someone else has filed against you, then seeking representation must be the first thing you do after finding out about the case. A paralegal will help you understand all aspects of the claim and can find loopholes or mistakes on the filer’s part which could get you off completely or get you awarded money on a counter claim.
No matter what side of the case you are on, the Canadian legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a small claims court proceeding.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area
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