Small Claims Court vs Other Courts?

I. Small Claims Court
– Types of Cases Heard in Small Claims Court
– Suing in Small Claims Court
– Hiring a Lawyer in Small Claims Court
II. Lower Courts (Provincial Courts and Territorial Courts)
– Types of Cases Heard in the Lower Courts
III. Superior Courts (Provincial Courts and Territorial Superior Courts)
– Types of Cases Heard in the Superior Courts Courts
IV. Court of Appeals

I. Small Claims Court:

Small Claims courts can be considered a branch of the provincial / territorial courts (see further below). Small claims courts deal with civil cases that resolve private disputes involving limited sums of money

• Lower Monetary Claims: Small Claims Court will only hear cases of a lower monetary value. In most jurisdictions, the value of the claim must be under $10,000, or sometimes under $25,000. In contrast, other courts (for example: Superior Court, Court of Queen’s Bench) will hear matters of an unlimited monetary value.
• Less Formal: In Small Claims Court, the rules and procedures are supposed to be less complicated and less formal, so that people can more easily represent themselves. This is why it is often called “the people’s court.”
• Lower Costs: Some of the costs of litigation are cheaper in Small Claims Court, like the cost of filing fees.
• More common to represent yourself : The judge in Small Claims Court is usually experienced with having self-represented people in their courtroom and will not expect you to speak like a lawyer or argue legal technicalities. However, the judge will expect that you are prepared, courteous, and respectful in the courtroom.

Many government and court websites provide information to the public which explains Small Claims Court, its procedures, and the paperwork required when suing someone or defending a lawsuit.

What Kinds of Cases are Heard in Small Claims Court?

Small Claims Court is for civil cases, not criminal cases. Typical claims in Small Claims Court include:

• suing for damages
• insurance claims
• contract disputes
• consumer claims (such as defective merchandise, poor workmanship, warranties) and,
• failure to pay certain kinds of debts.

For example, if you hire someone to renovate your bathroom and they do a bad job or even cause damage to your home, you may dispute in Small Claims Court whether you have to pay them. Or, for example, if buy a car from someone who promises it is in good condition, but within a week it completely breaks down, you may sue them to try to return the car and get your money back.

Generally speaking, you cannot sue in Small Claims Court for family matters, land title claims, libel or slander, false imprisonment and actions against someone who is bankrupt.

Suing in Small Claims Court?

Should or Shouldn’t you sue? Questions you should ask yourself include the following:

1. Can I settle without having to go to court?
2. Can someone help resolve the dispute by mediating or negotiating an agreement so I can avoid having to go to court?
3. Do I have the time and energy to spend preparing my case and arguing it in court?
4. Will I regret suing? Will I regret not suing?
5. Even if I went to court and won, is there a good chance the other person can pay me the judgment amount?

Hiring a Lawyer in Small Claims Court

As mentioned above, there is always a maximum amount that can be claimed in Small Claims Court. This maximum claim amount differs from province to province. While the amounts used to be much lower, like $5,000 or $10,000, these maximums are being raised over time.

In some places, the amount is $20,000, and in some it is as high as $50,000. The result of these increased claim amounts is that people are more likely to hire a lawyer to represent them in Small Claims Court now, than in the past.

You may want to consider the pros and cons of hiring a lawyer to represent you in Small Claims Court, especially if the opposing party is hiring a lawyer. Will the cost of your lawyer exceed the amount in dispute? If so, it is not worth hiring the lawyer, financially speaking.

Resolving the Matter Outside of Court

If you want to try to resolve the matter outside of court, consider doing the following. First, write a letter to the other party explaining your issue and telling them what you want (the amount of money and when you want it by, or, the performance of an action such as the return of an item and when you want it by).

‘Without Prejudice‘ – At the top of the letter, write “Without Prejudice.” This means that you are not giving up your legal right to seek the full amount if the settlement is refused.

• Send the letter by registered mail or courier, so you have evidence it was sent and received on a certain date.
• Keep a copy of this letter and any reply you may receive
• If you do end up in Small Claims Court, you may be able to use this to your benefit.

Mediators:

Offer to have the matter settled by a mediator. The mediator can sit down with both parties (both sides) and help them work out an agreement. Several kinds of professionals provide mediation services, including lawyers, social workers, and professionally-trained mediators.

*** Keep in mind that even if you go to court and win, you may never be successful in collecting on a judgment (collecting the money awarded to you by the court), particularly if the losing party has no job, doesn’t own assets, or also owes other people money who may be in line before you.

Other Courts:

II. Lower Courts (Provincial and Territorial courts)

These courts handle most cases that come into the system. They are established by provincial and territorial governments.

What Kinds of Cases are Heard in Provincial Courts and Territorial Courts?

Canadian provinces have provincial courts and Canadian territories have territorial courts. These courts hear cases that involve provincial/territorial laws and also federal laws.

Provincial courts and territorial courts usually deal with:

• Most criminal offences, except the most serious ones;
• Family law matters (e.g., child support, child protection, adoption, but not divorce);
• Youth Court: Young persons from 12 to 17 years old in conflict with the law;
• Traffic and bylaw violations;
• Provincial/territorial regulatory offences;
• Claims involving money, up to a certain amount (set by each province or territory);
• Small Claims Court: Small claims (civil cases that resolve private disputes involving limited sums of money); and
• all preliminary inquiries (such as hearings to determine whether there is enough evidence to justify a full trial in serious criminal cases)

III. Superior Courts (Provincial and Territorial Superior Courts)

What Kinds of Cases are Heard in Superior Courts?

Each province and territory has their own superior courts. Superior courts can hear cases in any area except when a statute or rule limits that authority. The most serious criminal and civil cases are tried in the superior courts. They also deal with cases that involve larger amounts of money.

The superior courts also act as a court of first appeal for the provincial and territorial courts that the provinces and territories maintain.

IV. Court of Appeal (Provincial/Territorial Courts of Appeal)

Each province and territory also has a court of appeal. These courts hear appeals from the decisions of the superior courts and the provincial/territorial courts. These can include:

• commercial disputes
• property disputes
• negligence claims
• family disputes
• bankruptcies
• corporate reorganizations.
• constitutional questions that may be raised in appeals involving individuals, governments, or governmental agencies

*** Nunavut Court of Justice

In Nunavut, the Nunavut Court of Justice, which is Canada’s only single-level trial court, combines the power of the superior trial court and the territorial court so that the same judge can hear all cases that arise in the territory.

For more information: Visit the following link that explains How the Courts are Organized (Department of Justice webpage) : https://www.justice.gc.ca/eng/csj-sjc/ccs-ajc/02.html