Adam Goodman - Toronto Small Claims Court Lawyer
Adam Goodman practices in small claims court throughout the Greater Toronto Area. Adam is able to assist with small claims court matters for civil disputes including breach of contract, negligence, defamation, assault & battery, tresspass, employment matters, and other torts/civil wrongs. In most cases, a retainer (usually between $2000-4000) is required to begin working on your matter. Depending on the circumstance, Adam may consider working on a contingency or partial contingency basis. The maximum allowable claim in small claims court is $25,000.
For many parties, filing their action in small claims court just makes more sense than a civil claim in the Superior Court of Justice (small claims court is still a branch of the SCJ though). The process is considerably more simplified, forms are easier to fill out, cost awards are not nearly as high, and the process can move along much quicker (no doubt small claims court may appear to move along slowly, a matter could reach trial within a year of the filing of the claim which is a rarity in other civil matters). Small claims court makes justice much more accessible since the costs, even with a lawyer, of a small claims court matter will in most cases be considerably less than litigating the matter outside of small claims court.
In many cases it does not make financial sense to retain the services of a lawyer for a small claims court matter. For many the potential payout does not make it worthwhile to pay legal fees, especially since any cost award would not come close to covering legal costs. This is an individual choice as their is no claim amount above which the hiring of a lawyer becomes a favourable investment.
Hiring an experienced small claims court lawyer can provide many advantages to litigating the matter yourself. First of all, a lawyer will assist with the many administrative requirements of filing a claim. More importantly, a lawyer will prepare the claim on your behalf, negotiate with the opposing party or parties', as well as represent you at the settlement conference and, if necessary, a trial.
For more information on small claims court, see this web site from the Government of Ontario containing small claims court guides & forms.
Blog post: Lawyers Becoming Commonplace in Small Claims Court.
How it Works
The following is a summary of how a matter proceeds through small claims court. This summary should not be treated as though it outlines the complete procedure and all necessary requirements for a claim. Such requirements can be found from the Ministry of the Attorney General, the Small Claims Court Act and associated Rules and Regulations, as well as local procedures at individual courthouses.
The process begins by initiating a claim. This involves filling out a form commonly known as a plaintiff's claim, filing the form with the appropriate court office, and serving the form on the opposing party or parties'. Any claim must be within the limitation period as defined in the Limitations Act, which varies based on the type of loss or damages, and be for under $25,000. There are Rules pertaining to proper service, service a defendant outside the jurisdiction, etc.
The opposing part or parties', knows as defendants, have twenty days to file a defence and, if they desire, file a defendant's claim (commonly known as a countersuit, meaning they will be suing the initial plaintiff in lawsuit arising out of a similar set of circumstances). Failure to do this means the plaintiff may have them noted in default and have a judgment issued against them. If there is a defendant's claim, the initial plaintiff must issue a response.
While the parties' are free to settle the matter at any time, once everything is in order the court will set a date for a settlement conference. Prior to the conference, each party must provide a list of anticipated trial witnesses. This conference involves an informal meeting with a Deputy Judge of the small claims court who will work with all parties' to see if the matter can be settled. While this Judge will not be the Judge hearing any eventual trial, they may offer non-binding input on how they might rule on the case. The Judge may also issue certain orders such as an order for documentary disclosure and interim costs orders.
If the matter cannot be settled at the settlement conference, the court will set a date for trial. While less-formal than other courts, a trial is still a formal hearing where rules of evidence should be followed (although sometimes relaxed). After trial, although often not on the same day of trial, the presiding Judge will issue a judgment. If a party is unhappy with the judgment, there are appeal procedures.
If a party receives a judgment in their favour, they may take steps to collect the judgment. If the opposing party or parties' is uncooperative the collection of monies' owed can be a difficult and lengthy process. The ability of an opposing party to pay a judgment is often a consideration in whether it is worthwhile to initiate a claim.
