Cases at Small Claims Court in Toronto and Ottawa
The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees.
This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are. If you are suing for more than $25,000, you will have to sue in the Superior Court of Justice, not Small Claims Court. If you lost more than $25,000, you can still go to Small Claims Court,BUT:
- You will have to give up any money that you are owed over $25,000, and
- You will have to give up your right to sue for this money in any other court.
You cannot divide the amount of money you are claiming into separate cases. You cannot, for example, divide $30,000 claim into a $25,000 claim and a separate $5,000 claim in order to have the total amount dealt with in two cases.
Examples of claims that can be filed in Small Claims Court include, but are not limited to, the following:
- unpaid loans
- unpaid rent
- property damage
- personal injuries*
- breach of contract
- wrongful termination
Additionally, Small Claims Court is often where you may enforce financial judgments (less than $25,000) made at Tribunals such as the Landlord and Tenant Board.
*Services update: As part of an effort to focus on areas in which we can be most helpful, Law Help Ontario can no longer assist with the following areas of law:
- complicated personal injury (e.g. cases that likely need expert evidence);
- medical malpractice;
- false arrest/wrongful imprisonment/negligent investigation/malicious prosecution;
- litigation related to child protection;
- estates litigation, including anything related to legal capacity.
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