It’s a great question and the answer is YES! If you’ve never been to a small claims court it’s used when there is a dispute between yourself and either a private party or a business. However, this is not a court that deals with criminal issues, but only financial discrepancies. The judge will look over all the evidence and hear both sides before he or she decides who owes what and how much.
Another thing you have to consider is the province, because the cap will fluctuate in each location. It used to be that Ontario, Canada would only allow for $10,000 to be the most awarded, but this has recently changed to $25,000. So when you file a claim in Ontario the most you can ask for now is twenty-five grand, but it doesn’t mean you’ll get it.
In fact, there are a few things the judge can do once he or she has had a chance to listen to both sides of the case. They will then consider the evidence and either:
* Award you everything you are asking.
* Give you a lesser amount
* Possibly rule in favor of the defendant and award you nothing
* Make a judgment for the defendant if they brought forth a counter-claim
The best case scenario is to walk out with everything you are asking for so you are made financially whole. Yet, that is very hard to do on your own unless you have substantial knowledge of Canadian law as well as the local laws in your province.
This is why most people who are going to small claims court in Canada will hire a paralegal to represent them. A trained paralegal will have in-depth knowledge about small court claims and will know a lot about the law in Canada. Some things that they will be able to advise you on include:
* Everything will need to be entered as evidence
* What to say in court
* How to behave in court and respond to your defendant’s comments.
* How to describe your case and fill all the paperwork out properly
Another issue is when you have written and verbal testimony that contradict one another. You will find that a judge is very good at picking up on these small differences. The worst part is just one of them could make a huge different in your case and cause you to lose. This is just one of the many reasons why a paralegal’s assistance is important.
With a good paralegal on your side, you are likely to misrepresent yourself in court or even become confused over the process, especially if you have never filed a claim before.
You: The Defendant
If you are the defendant going into small claims court because someone else has filed against you, then seeking representation must be the first thing you do after finding out about the case. A paralegal will help you understand all aspects of the claim and can find loopholes or mistakes on the filer’s part which could get you off completely or get you awarded money on a counter claim.
The point is it really doesn’t matter what side of the fence you’re on, because a paralegal is crucial to have in your corner. After all, what happens if the other party brings one with them and you are all by your lonesome? The end result could be menacing and the ruling will most likely go the other way.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area
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