21 Aug 10 Small Claims Court In Canada – Do You Need Representation?
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 what and how much.
Unfortunately there is a cap that is setup with a small claims court, but it depends on the province in which you go to court. A great example of this is Ontario, Canada that only allows $10,000 as the maximum amount. Recently that has changed to $25,000, so if you file in Ontario this would be the most you could ask for in your claim.
Now keep in mind there are a few things a judge can do once he or she has heard both sides of the case. The judge will then consider the evidence as well from each party and either:
* Award you on all accounts
* 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
Obviously the best case scenario is to walk out of court 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.
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:
* Entering everything that needs to go into evidence
* What you should or should not say in court.
* How to behave in court and respond to your defendant’s comments.
* How to fill out all of the paperwork needed to file and describe your case clearly.
Another issue is when you have written a verbal testimony that contradicts 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 on your own? 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
Tags: Business, Canada, Canadian, claims, common law, law, lawyers, Legal, paralegal, small, small claims court
