All Civil Claims up to $25,000

Do I have a legal basis for my claim?

  • Bank act
  • Bankruptcy and Insolvency Act
  • Bulk Sales Act
  • Canada Evidence Act
  • Collection Agencies Act
  • Evidence Act
  • Limitations Act
  • Negligence Act
  • Parental Responsibility Act
  • Residential Tenancies Act
  • Personal Property Security Act
  • Workplace Safety and Insurance Act

Do I have Clean Hands?

Clean Hands Doctrine: Equitable doctrine stipulating that a person must have gone into the contract with ‘clean hands’ ie the person or corporation must have acted in good faith or ethically

Information Checklist:

  • Do I have the Legal name of the person and/or corporation?
  • Do I have a current address for the person and/or corporation?
  • Does the person and/or corporation have any assets?
  • Does the person have employment?
  • Does the person and/or corporation have any previous debts or judgments against them?
  • What evidence do I have?
  • How long ago did the dispute take place? Generally there is a two (2) year limitation period in which to sue. If it has gone beyond that most cases will be turned away. Some cases carry a shorter limitation period (examples)
  • Do you have the time to attend court?
  • Is it worth it? Court costs time and money to commence proceedings; you must be sure you have both and are willing to consecrate the time. Is the money you seek to gain more than it costs to go through proceedings?
  • Can you resolve the issue by another means? The Small Claims Court mandates a Settlement Conference before every proceeding, therefore it may be worth your while to negotiate with the person before proceedings. Also there are mediation services available with a third party in order to resolve your claim without the need to go to court and with less cost. (offer mediation services?)

Where should I file the claim?

[Rule 6]

You should file the claim in one of 3 places. Listed from best to least good.
  • Where the problem occurred
  • Where the defendant lives or carries on business or
  • The nearest court to where the defendant lives of carries on business