Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
Small Claims Court
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What is Small Claims Court?
COVID-19 update: visit our Ontario Courts page for links to specific courts and the Steps to Justice page on What to do if you have an on-going case at the Small Claims Court.
Small Claims Court is a branch of the Superior Court of Justice. It handles civil disputes with a monetary value of up to $35,000. This court has simplified rules and procedures; and a user-friendly website and detailed how-to guides online (eg. making a claim, responding to a claim, getting ready for court).
What types of cases go to Small Claims Court?
Small Claims Court can deal with any action for the payment of money or the recovery of personal property, with a limit of $35,000. Examples of Small Claims Court cases include claims for money owed under an agreement (e.g. unpaid accounts, unpaid loans, unpaid rent, NSF cheques) and claims for damages (e.g. property damage or recovery, personal injuries, breach of contract).
How much do Small Claims Court claims cost?
The cost varies. Most steps in a Small Claims Court proceeding will require you pay a fee, but if you are unable to pay these fees you can request a fee waiver. Also, if you are successful you can ask for the other party to pay your fees, but they can also do the same if you are unsuccessful.
Who can represent a party in Small Claims Court?
While many people represent themselves in Small Claims Court, you can also be represented by a lawyer, a law student, or a paralegal. Lawyers can be found through the Law Society of Upper Canada’s Lawyer Referral Service, which will provide you with the name of a lawyer in your area and allows for a free consultation of up to 30 minutes. This service can be reached at 1-800-268-8326 or 416-947-3330, and a list of lawyers in Ontario and their contact information can also be accessed at: www.lsuc.on.ca.
Limitation periods
There may be a time limit on how long you have to make your claim, so you should know when the event giving rise to the dispute took place. You may need to get legal advice on whether you are too late to make a claim.
See the above information on who can represent a party in Small Claims Court and the Wiki section on “Legal Help”.
General steps in a Small Claims Court dispute
* Plaintiff is the person making the claim.
* Defendant is the person responding to the claim.
- Plaintiff fills out the Claim Form: includes reasons for claim, amount claiming and attaching documents to prove their side.
- Plaintiff files the claim at the Small Claims Court: this can be done online at ontario.ca/smallclaims; in person; or by mail. The claim will be stamped by the court to show that it has been filed.
- Plaintiff serves (gives) a copy of the stamped claim on each defendant.
- Each defendant has 20 days to fill out a Defence Form. If the defence is not filed after 20 days, the plaintiff can request the clerk to note the defendant in default and the defendant then has 15 days to pay.
- If the defendant files their defence, the dispute moves forward to a settlement conference (step below). If the defendant makes a claim of their own in addition to filing their defence, the plaintiff must file their own defence.
- A settlement conference is held. This is a private discussion between the parties with the assistance of a judge. The purpose of this is to encourage a resolution, resolve the dispute faster, and provide full disclosure of the relevant facts between the parties. If the parties are unable to reach a resolution, the settlement conference will also assist the parties with trial preparation.
- A trial is held. This is a public process where each party explains their side of the story and can call witnesses in support of their story. The judge who hears all of this then makes a decision on the issues.
- Collection of money. A decision in court is not a guarantee of payment, and so both successful and unsuccessful parties will likely have some post-judgment options. If the debtor (unsuccessful party) is not paying, then the creditor (successful party) has a variety of options to pursue. Information on this is available in the court’s “After Judgment – Guide to Getting Results”.
Tips for Filling out Claims Forms
- Be neat: delays are frequently caused by forms that cannot be read. Forms are available at both the court offices themselves and online:
- At the top of the forms, fill in the name and address of the court where you are filing.
- Court staff will provide you with a court file number, which should then be written on the top right corner of all of the documents.
- Make enough copies of all the completed forms.
- For some documents, court fees must be paid in order to file them. Fees are payable in cash, cheque, or money order payable to the Minister of Finance. If you cannot afford to pay court filing or enforcement fees, you can request a fee waiver.
- An affidavit can be sworn before a Small Claims Court employee who has been appointed a commissioner for taking affidavits; a lawyer who is allowed to practice law in Ontario; a notary public; or any other person who has been appointed a commissioner for taking affidavits. It is a criminal offence to knowingly swear or affirm a false affidavit, and affidavits must be signed in the presence of the person before whom it is sworn or affirmed.
- Counting days for timelines: exclude the first day and include the last day of the time period. If the final day of the period occurs on a holiday, the period ends on the next day that is not a holiday.
- If your address for service changes, you must provide written notice of the change to the court and all other parties within seven (7) days after the change takes place.
- You should dress appropriately and leave plenty of time to get to the location for both settlement conferences and trials.
Court locations
See the Attorney General’s page for a list of court locations:
In Toronto, the Small Claims Court address is 47 Sheppard Avenue East (near Yonge Street). Hours: Mon-Fri, 8:30-5:00. Phone: 416-326-3554
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Youth Criminal Justice
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
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Education
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
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Leaving Home
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
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Health & Mental Health
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
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Discrimination and LGBTQI2S Rights
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
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Provincial Offences
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
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Family: Discipline, Children's Aid Societies, Parenting and Contact Orders
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
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Immigration & Refugee
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
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Homeless Youth Over 18
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.
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Warrants
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Criminal Court
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Adult Records
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Record Suspensions
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Victims of Crime
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Evidence
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Small Claims Court
Close-
What is Small Claims Court?
COVID-19 update: visit our Ontario Courts page for links to specific courts and the Steps to Justice page on What to do if you have an on-going case at the Small Claims Court.
Small Claims Court is a branch of the Superior Court of Justice. It handles civil disputes with a monetary value of up to $35,000. This court has simplified rules and procedures; and a user-friendly website and detailed how-to guides online (eg. making a claim, responding to a claim, getting ready for court).
What types of cases go to Small Claims Court?
Small Claims Court can deal with any action for the payment of money or the recovery of personal property, with a limit of $35,000. Examples of Small Claims Court cases include claims for money owed under an agreement (e.g. unpaid accounts, unpaid loans, unpaid rent, NSF cheques) and claims for damages (e.g. property damage or recovery, personal injuries, breach of contract).
How much do Small Claims Court claims cost?
The cost varies. Most steps in a Small Claims Court proceeding will require you pay a fee, but if you are unable to pay these fees you can request a fee waiver. Also, if you are successful you can ask for the other party to pay your fees, but they can also do the same if you are unsuccessful.
Who can represent a party in Small Claims Court?
While many people represent themselves in Small Claims Court, you can also be represented by a lawyer, a law student, or a paralegal. Lawyers can be found through the Law Society of Upper Canada’s Lawyer Referral Service, which will provide you with the name of a lawyer in your area and allows for a free consultation of up to 30 minutes. This service can be reached at 1-800-268-8326 or 416-947-3330, and a list of lawyers in Ontario and their contact information can also be accessed at: www.lsuc.on.ca.
Limitation periods
There may be a time limit on how long you have to make your claim, so you should know when the event giving rise to the dispute took place. You may need to get legal advice on whether you are too late to make a claim.
See the above information on who can represent a party in Small Claims Court and the Wiki section on “Legal Help”.
General steps in a Small Claims Court dispute
* Plaintiff is the person making the claim.
* Defendant is the person responding to the claim.
- Plaintiff fills out the Claim Form: includes reasons for claim, amount claiming and attaching documents to prove their side.
- Plaintiff files the claim at the Small Claims Court: this can be done online at ontario.ca/smallclaims; in person; or by mail. The claim will be stamped by the court to show that it has been filed.
- Plaintiff serves (gives) a copy of the stamped claim on each defendant.
- Each defendant has 20 days to fill out a Defence Form. If the defence is not filed after 20 days, the plaintiff can request the clerk to note the defendant in default and the defendant then has 15 days to pay.
- If the defendant files their defence, the dispute moves forward to a settlement conference (step below). If the defendant makes a claim of their own in addition to filing their defence, the plaintiff must file their own defence.
- A settlement conference is held. This is a private discussion between the parties with the assistance of a judge. The purpose of this is to encourage a resolution, resolve the dispute faster, and provide full disclosure of the relevant facts between the parties. If the parties are unable to reach a resolution, the settlement conference will also assist the parties with trial preparation.
- A trial is held. This is a public process where each party explains their side of the story and can call witnesses in support of their story. The judge who hears all of this then makes a decision on the issues.
- Collection of money. A decision in court is not a guarantee of payment, and so both successful and unsuccessful parties will likely have some post-judgment options. If the debtor (unsuccessful party) is not paying, then the creditor (successful party) has a variety of options to pursue. Information on this is available in the court’s “After Judgment – Guide to Getting Results”.
Tips for Filling out Claims Forms
- Be neat: delays are frequently caused by forms that cannot be read. Forms are available at both the court offices themselves and online:
- At the top of the forms, fill in the name and address of the court where you are filing.
- Court staff will provide you with a court file number, which should then be written on the top right corner of all of the documents.
- Make enough copies of all the completed forms.
- For some documents, court fees must be paid in order to file them. Fees are payable in cash, cheque, or money order payable to the Minister of Finance. If you cannot afford to pay court filing or enforcement fees, you can request a fee waiver.
- An affidavit can be sworn before a Small Claims Court employee who has been appointed a commissioner for taking affidavits; a lawyer who is allowed to practice law in Ontario; a notary public; or any other person who has been appointed a commissioner for taking affidavits. It is a criminal offence to knowingly swear or affirm a false affidavit, and affidavits must be signed in the presence of the person before whom it is sworn or affirmed.
- Counting days for timelines: exclude the first day and include the last day of the time period. If the final day of the period occurs on a holiday, the period ends on the next day that is not a holiday.
- If your address for service changes, you must provide written notice of the change to the court and all other parties within seven (7) days after the change takes place.
- You should dress appropriately and leave plenty of time to get to the location for both settlement conferences and trials.
Court locations
See the Attorney General’s page for a list of court locations:
In Toronto, the Small Claims Court address is 47 Sheppard Avenue East (near Yonge Street). Hours: Mon-Fri, 8:30-5:00. Phone: 416-326-3554
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Social Assistance
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Mental Health
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Legal Help
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