How Does Small Claims Court Work in Canada?

The Court Process

Canadian Small Claims Court is structured to help people settle differences and disputes without the high attorney and court fees usually required in lawsuits. Generally, cases involve disputes over money, contracts or property damage. The court is relatively informal and designed to let average people make their voice heard.
There are typically four steps in the small claims process: The claim, the defense, the settlement conference and the trial.
The claim begins as a form filled out by the plaintiff. This form, along with any supporting documents, is filed with the court and outlines the alleged damages. A copy of the claim is given, or served, to the defendant to inform him of the case.
A defense can then be filed by the defendant on a similar form. This outlines the defendant's side of the story. Copies go to the court and back to the plaintiff.
At the settlement conference, both sides meet to discuss the case before a judge. This is not the official trial, but gives the parties the opportunity to work out their differences. Settlement can also be discussed, allowing the defendant to pay a lower sum without having to go to trial.
Trial is the final step in the claims court process. Both parties have the opportunity to present their side of the case and to call witnesses on their behalf. The judge considers all evidence and makes a judgment.

Providencial Differences

The small claims court process varies slightly in Canada depending on the province. In most provinces, the court is separate from the higher courts. This is true, for example, in British Columbia and Alberta. In other locations, such as Ontario, small claims court is a division of the superior courts.
Claim limits also vary depending on the province. Claims under $5,000 fall under small claims jurisdiction in every province. This limit rises to include claims up to $7,000 in Quebec and $25,000 in Alberta. These limit amounts can usually be found at the website of the attorney general for each province.

Court Recommendations

There are several ways to increase the chances of success in small claims court. While not legal advice, these recommendations can help give a case the best chance possible to succeed.
It is important to know whether a party being sued has assets to pay a judgment. A court judgment is useless if there are no assets to collect. Such assets could include employment wages, automobiles or monetary accounts.
It is also extremely important to be prepared. Have all supporting documents, witnesses and evidence organized and ready to present to the judge. Dress well and be polite. A well-prepared case will carry more weight than a shouting match in front of the judge.

References

• Small Claims - Ontario Attorney General
• Canadian Small Claims Information