Small claims with a big impact: When recovering funds, damages may be worth the time and effort

At Gujral Law Professional Corporation in Mississauga, Ontario, we appreciate that a small claim can greatly impact your life. And while the amounts filed in Small Claims Court are smaller than those heard in the Superior Court, the monies at stake are certainly not insignificant to you. We also know that some of the issues surrounding your claim may go beyond mere dollars and cents. Whatever your motivations for pursuing such legal action, know that your case, regardless of its size, is in capable hands with our experienced civil lawyer and litigator, Tarunjeet Gujral.

What is a small claim?

Small claims are defined as those that involve anything valued at $35,000 or less. To file in Small Claims Court for anything over $35,000, you must waive the amount exceeding this maximum requirement. Otherwise, your case will be heard in the Superior Court.

What types of property and damages may fall under “small claims”?

You may sue for money owed under agreements/contracts and for damages to your person and goods. A few examples include:

• Unpaid loans
• Unpaid rent
• Non-sufficient funds (“bad cheques”)
• Goods and services provided that you weren’t paid for
• Property damage
• Contractual breaches
• Personal injuries

 How do you sue someone in Small Claims Court?

The process largely involves paperwork to initiate the claim. If you do not receive a response from the other party or they do not agree with your claim, a settlement conference is scheduled with a judge. The next step would be to go to trial. If you win, an enforcing judgment may be required to recoup the money or damages owed to you. This may be done through garnishment or the seizure/sale of personal property. If you lose the case, you may be responsible for not only the cost of your legal fees, but also all or part of the winner’s expenses. This fact underscores the importance of leaning into the expertise of a skilled lawyer and litigator like Tarunjeet Gujral, as he has the knowledge and experience to navigate the complicated and highly technical legal system successfully.

Is a small claim worth it?

Of course, the answer to that question depends on many factors specific to your situation. We will discuss the many considerations with you during an initial appointment. In general, it may be worth pursuing a small claim if your case is strong and you believe we have sufficient evidence to prove your case. You should also weigh the likelihood of your actually recovering the funds owed to you from the other party. As a talented and qualified mediator, Tarunjeet may be able to help you avoid going to court entirely. Through alternative dispute resolution (ADR) techniques like mediation, you and the other party can solve problems creatively and together and reach a mutually agreeable decision without the expense, time, stress, and other drawbacks of litigation.

All cases, even those with “small” in front of “claims,” are a big deal to us and deserve to be treated with great care and respect. We encourage you to share your concerns with us. Contact Gujral Law Professional Corporation at (647) 957-8077 to schedule your appointment in Mississauga, ON, today.