If you're involved in a monetary dispute and the claim amounts to $100,000 or less, Provincial Court Civil, also known as Small Claims Court, is an option worth considering.
The Small Claims process is straightforward: the Plaintiff files the claim, serves the Defendant/s, and obtains a hearing date (mediation or pre-trial conference) if the other party responds. If the Defendant does not respond to the claim within the required time frame, the Plaintiff may apply for a default judgement.
If the dispute cannot be settled during a pre-trial hearing, a trial date is set. If the matter proceeds to trial, all parties involved in the dispute provide evidence and arguments to a judge. If a counterclaim is filed by the Defendant, the judge also considers evidence and arguments relating to the counterclaim.
Evidence may include witness testimony, photographs, video, and documents like letters and emails, among other things. The judge weighs everything presented in court, and comes to a decision.
If a claim amounts to over $100,000, parties must go through the Court of King's Bench as opposed to Small Claims Court. Though we cannot appear or speak on your behalf in the Court of King's Bench, we can help with paperwork and court preparation. If you need assistance drafting or responding to a Claim, organizing evidence, or preparing for trial, Informed Paralegal can likely assist.
While the process can be simple, handling a civil claim is both stressful and time consuming. Our team possesses a wealth of civil litigation experience, and will be pleased to help you navigate Civil Court whether you're a Plaintiff or a Defendant.
If you plan to self-represent in Small Claims Court, you can download some of the required forms by clicking here.
To schedule a consultation regarding your civil matter, please contact us!
This info on this site does NOT constitute legal advice, and should not be interpreted as such.
As non-lawyers, we CANNOT provide legal advice.
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