Frequently Asked Questions

What is the difference between a Paralegal and a Lawyer?     

Licensed paralegals are a cost effective alternative to hiring a lawyer for matters involving Small Claims Court, provincial tribunals and offences, various minor criminal offences and Landlord & Tenant matters. Paralegals and lawyers are educated advocates who represent clients in legal matters. Both must maintain membership in the Law Society of Upper Canada and carry Errors and Omissions Insurance. Paralegals are not permitted to do anything related to Family Law or Wills and Estates, unless they work for a lawyer.

Will I be able to recover my Paralegal fees in Small Claims Court?? 

It is important to distinguish between legal fees (the amount you pay to your paralegal for representation) and court costs (the various fees paid to the Courts or Tribunals to process documents at various stages in your case). The successful party in a proceeding will typically receive 100% of the court costs reimbursed to them by the unsuccessful party. The successful party is reimbursed to them by the unsuccessful party. The judge will ultimately decide how much this will be which is normally 15% to 30% of the amount of the judgment. The reason for this range has to do with an Offer to Settle which we will explain when we meet with you.

How much is this going to cost me?  

Each matter is different.  For us to do a Small Claims Court matter from the very beginning through one day of trial is about $3,500.00 plus disbursements.  If we can settle a matter before trial, our fees are understandably less, because we’ve spent less time on it. For a list of our fees, please see our Fee Schedule page.

How long does the Small Claims Court process take?

Small Claims Court actions tend to move forward much more quickly than Superior Court actions. If your action is resolved at the Settlement Conference or Pre-Trial stage (the mandatory mediation before trial), you can expect the process to take anywhere from 3-4 months. If your action proceeds all the way to trial, you can expect the process to take from 9-24 months.

Can I take an unlicensed driver to Small Claims Court?   

Yes, you can take an unlicensed driver to Small Claims Court as long as your case is within the jurisdictional limit of the court. Jurisdictional limit is the maximum amount you can sue for in Small Claims Court which is currently valued at $25,000. If the claim is greater than the jurisdictional limit and you decide to proceed in Small Claims Court, you automatically relinquish the amount over $25,000.

How long do I have to file an action in Small Claims Court?

For most law suits you must have the claim issued by the courthouse within two years of knowing that you have been wronged. However, some law suits, i.e. against an insurance company, require then claim to be issued within a year. In Small Claims Court you have 6 months to serve the claim from the date you have the claim issued by the courthouse.