Filing A Plaintiffs Claim In The Ontario Small Claims Court

If you believe someone owes you money and you want to initiate an Ontario Small Claims

Court action to collect your money, you are the Plaintiff and the person you are suing is the Defendant.

Initiating a Small Claims Court action in Ontario and more other provinces in Canada is a less formal, less expensive way to recover money owed to you and/or settle legal disputes that involve disputes no greater than $25,000.

After filing a claim, the person that you sued has an opportunity to file a Defence. If they do not file a Defence, you may ask the court for a default judgment. If you obtain the judgement you can immediately proceed to collect your money and the person you sued will no longer be the Defendant and will become the debtor.

If they do file a Defence, the matter will proceed to a pre-trial settlement conference. At the pre-trial conference the judge will encourage the parties to settle their matter. While some cases go all the way to trial, most cases end up being resolved through court pre-trial settlement conferences as they are mediated by a judge or referee. The pre-trial judge or referee will not be the same as the one who will preside over a trial.

You can use tools like Easy Court to create your Ontario Small Claims Court Forms online and from the comfort of your home or office. This online tool enables you to prepare clear and professional court forms, in the correct format. Once you have completed the easy questionnaire, your forms will be immediately available for you to download, print and send to the court.

The Ontario Small Claims Court is a great way for Plaintiffs to collect their money and for more information please visit www.easycourt.ca.

by: Courtney Jewell McElroy

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