The Ontario Small Claims Court is a forum that allows individuals and companies to litigate matters where the amount in dispute, or claim for damages, is relatively small compared to larger-scale civil matters.  The Small Claims Court has limited jurisdiction to hear civil cases, but is more often than not an ideal venue for those seeking a less formal and comparatively inexpensive means to resolve a dispute.

The rules and procedure that apply to small claims matters in Ontario have recently been amended. What follows is a brief rundown of some of the more significant changes to the rules and procedure governing Ontario Small Claims Court matters:

Change to Service by Registered Mail at an Individual’s Place of Residence

A claim can be served personally by providing the Defendant with the claim (“personal service”) or through an alternative means (“alternative to personal service”), such as sending the claim to the address where the Defendant lives by mail or courier provided the Plaintiff obtains proof that the claim was received (i.e. courier verification receipt, etc.).

Previously, for service of a claim through mail or courier to be deemed permissible by the Court, the signature of the Defendant verifying receipt of the document was required.  However, as of January 2011, the signature of the Defendant, or any person who appears to be a member of the same household, is sufficient to verify service of the claim.

Service of All Defences on All Parties

Previously, the Defendant was required to file his or her Defence with the court, including a copy for each Plaintiff.  The Court would then serve a copy of the Defence on each of the Plaintiffs in the case.  However, as of January 1, 2011, the Defendant is now required to file a Defence together with a copy of the pleading for every party in the case, and the Court must serve a copy of the defence on all Plaintiffs and Defendants in the case, rather than only the Plaintiffs as previously required.

Costs

In general, a successful party is entitled to have his or her reasonable expenses paid by the unsuccessful party.  As of January 1, 2011, as per the amended rules, the maximum amount that can be claimed for serving documents to a party in the case is $60 per person served; the maximum amount that can be claimed for preparing the Plaintiff’s claim, Defendant’s claim or Defence is $100.

Ife S. Ashabo, B.A., J.D., F.L.C.

Brief informational summaries about commercial litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.