Canadian Small Claims Court- Is Representation Necessary?
If you’re dealing with a dispute that needs sorted out between yourself and a private party or business, a small claims court is where you will end up. The cases that are placed in front of the judge in this courtroom cover financial situations instead of criminal issues. In the end the judge will come to a conclusion as to who owes and how much.
Unfortunately there is a cap that is setup with a small claims court, but it depends on the province you go to court. A great example of this is Ontario, Canada that only allows $10,000 as the maximum amount. Recently that changed though to $25,000, so if you file in Ontario this would be the most you could ask for in your claim.
That said, a judge can do a few different things after hearing all sides of your case and considering all of the evidence entered by you and the other party involved:
* Award you on all accounts
* Award a lesser amount of what you are asking.
* Award you nothing at all.
* Award your defendant instead, if they have entered a counter-claim.
Obviously the best case scenario is to walk out of there getting everything you asked for, but this is usually pretty hard to do if both parties come prepared. Then again, if you’re not aware of all the Canadian laws and local laws in the province you’re in it can make it even more difficult. Since this is such an issue, most people who have to be present in a small claims court in Canada will hire a paralegal.
Instead of going into the small claims court without being prepared, most people turn to a paralegal to represent them. They will be able to inform you of all the laws and give you that extra edge that is needed in the courtroom. A few things they will be able to advise you on will be:
* What needs to be entered as evidence.
* What you should or should not say in court.
* The best way to behave in court and how to respond to comments made by your defendant
* 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.
Paralegals help to keep you from misrepresenting yourself in court or getting confused about the process. If you’ve never filed a claim before this can be a complete nightmare.
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
Tagged with: business • Canada • Canadian • claims • Common Law • Law • lawyers • legal • paralegal • small • Small Claims Court
Filed under: Law
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