Civil Litigation and Small Claims Court

Some of the reasons you can sue:

You can sue to get money the defendant owes you under an agreement you have with them. You can sue if you were harmed by something they did, or should have done but didn’t. You can sue to get goods that you believe belong to you. Read some of the examples below:

• Wrongful dismissal
• Personal Injury such as slip-and-fall, dog bits, defective consumer goods, assault, etc.
• Defamation
• Contract Disputes
• Negligence

What You Should Know

Litigation is not an overnight process, be prepared. Foundation is the key to any successful claim or defence, consult with a licensed paralegal or a lawyer. Generally speaking, most claims are subject to a 2-year limitation period, however, some reasons for advancing a civil claim may be limited to a 1-year limitation period and/or require shorter written notices to the intended defendants.

As a defendant, if you are sued in the Small Claims Court, for example, you are required to serve and file your Defence within 20 calendar days. Failure to do so, may result in a default judgment against you, requiring a motion to set-aside the noting in default, default judgment, and any enforcement proceedings that may have already been commenced.

Legal Fees

A variety of legal fee structures may be available for civil litigation and Small Claims Court matters. Subject to the nature of the case, we offer our services on an hourly basis, block fees or contingency basis (fees based on a percentage of what we recover for you). After a thorough assessment of your case, we will advise which fee structure is best suited to your particular matter. Legal fees do not include taxes and/or disbursements.

Enforcement of Judgments

Winning a case at the Small Claims Court or the Landlord and Tenant Board is not the final step in succeeding with your case. Collecting the funds owed to you is not automatic, nor does the Landlord and Tenant Board assist with the collection process. While many debtors will promptly pay the judgment, many successful litigants must take additional steps to collect what is owed to them. Enforcement may be a long and tedious process. Not all assets are subject to seizure or garnishment, and in for some assets there are limits as to the amount you can recover. We are here to help. Some of the available tools for enforcing judgments include:

• Writ of Seizure and Sale of Land
• Garnishment of wages and/or bank accounts
• Writ of Seizure and Sale of Personal Property
• Debtor Examinations