Small Claims

In Ontario’s civil justice system, the burden of proof determines which party carries the responsibility of proving the facts necessary to succeed in a case. In the Small Claims Court, this principle remains fundamental, despite the court’s simplified procedures. The party who initiates the claim bears the legal and evidentiary responsibility to establish the case… Read More

In Ontario’s civil litigation framework, a counterclaim provides defendants with the procedural right to assert their own claims against the plaintiff within the same proceeding. This mechanism ensures judicial efficiency by allowing related disputes to be resolved together, avoiding multiple lawsuits over the same facts or transactions. In Small Claims Court, counterclaims are referred to… Read More

In Ontario’s Small Claims Court, obtaining a judgment does not automatically ensure payment. Many judgment debtors fail to pay voluntarily, leaving the successful party with the challenge of enforcement. The payment hearing is one of several enforcement tools available under the Courts of Justice Act and the Rules of the Small Claims Court (O. Reg…. Read More

In Ontario, tenants are entitled to occupy their rental premises free from undue interference by landlords or others acting on their behalf. This entitlement arises under the Residential Tenancies Act, 2006 (RTA) and forms part of the broader legal principle known as the right to quiet enjoyment. Section 22 of the RTA provides that a… Read More

When a party initiates or defends an action in Ontario’s Small Claims Court, attendance at scheduled hearings, settlement conferences, or trials is not optional—it is a legal obligation. Each appearance serves a procedural purpose, such as presenting evidence, responding to allegations, or facilitating settlement discussions. Failing to appear without legitimate reason can lead to serious… Read More