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Small Claims Court

Small Claims Court is a branch of the Ontario Superior Court of Justice designed to give you a simple and inexpensive way of settling disputes involving money and property. George Brown can assist you in any or all aspects of Small Claims Court.

Preparing and filing of plaintiff’s claims

Process serving

Preparing and filing of defenses

Preparing and filing of defendant’s claims

Attending settlement conferences

Preparing and filing of notice of motions

Attending trials

As your representative, we handle all the paperwork, and guide you through the procedures required to move your case through the court system including preparation and skillful presentation of your case. If you are self represented and do not feel comfortable speaking for yourself we can assist you in court by appearing on your behalf and present you case to the Deputy Judge.

 
Preparing and filing of plaintiff’s claims   back to top

The first step in bringing a lawsuit is the Plaintiff’s Claim know as the pleadings. Our qualified staff will prepare your claim with careful consideration so that you have the best possible opportunity to obtain a judgment. Effective January 1, 2010. the Small Claims Court monetary jurisdiction is $25,000.00. If your claim exceeds this amount you must waive the amount exceeding the court’s monetary limit. Plaintiffs may be entitled to recover all or some of the costs associated with preparing, filing and serving a claim.

 
Process serving   back to top

Effective April 1, 1996, the Sheriff’s Office no longer serves documents on behalf of litigants. Without service of process, there is no case. George Brown will arrange to have your claim served upon the Defendant with a sworn affidavit of service.

 
Preparing and filing of defense   back to top

According to the Small Claims Court Rules, a defendant is required to file an answer to a lawsuit within twenty days of being served. A defendant has a chance to dispute the plaintiff’s lawsuit when he/she files a defense. Defendants, you are not alone, you have George Brown's legal team is here to assist you.

 
Preparing and filing of defendant’s claims   back to top

The defendant’s claim is a claim made by the defendant against the plaintiff or another party. The defendant’s claim is filed in addition to the defense. Under the new Small Claims Court Rules, the defendant’s claim must be filed 20 days after the filing of the statement of defense or anytime before the case is scheduled for trial, with leave of the court. If you believe that you have a valid claim against the plaintiff or someone who may be responsible for the claim made by the plaintiff, let us help you to prepare your defendant’s claim.

 
Attending settlement conferences   back to top

After the defendant files an answer to the plaintiff’s claim, a settlement conference must be scheduled with 90 days. The settlement conference is procedural. Its aim is to narrow the issues in dispute; to set conditions as to issues and evidence to be heard at trial; to accelerate a final settlement of the action; and to provide full disclosure between the parties. Secure your interest by allowing George Brown to represent you at your settlement conference.

 
Preparing and filing of notice of motions   back to top

If you believe you have been treated unfairly in any proceeding, you may be entitled to ask the court to revisit the issue in dispute. A motion is an application to the court for an order in favour of the party bringing the motion. Motion to set aside Judgments and Motions in Garnishment Proceedings are some of the matters we manage.

You can rely on George Brown to conduct the necessary research and establish grounds for your motion.

 
Attending trials   back to top

Statistically, more than half of all court proceedings do not get to the trial phase. Proper case management is a key factor in obtaining a settlement and avoiding an expensive and lengthy trial. On the other hand, if a trial is necessary, the professionals at George Brown will be your advocate. Our proprietary case management software allows us to be efficient in the following areas:

Calendar: an electronic calendar is maintained for each agent in the firm. Each agent’s calendar forms a part of the master calendar for the firm thereby assuring that everyone is notified of all appointments, meetings, trial scheduling, to-dos, and so on. The result is better communication, greater efficiency, reduced stress, and elimination of conflicting commitments.

Case files and docket control: Each agent has access to every file on the network. This allows for better organization as the files grow and access to a particular file is at the click of a button. The result is better organization, easier access to files, and less fear of missing deadlines, and greater client satisfaction due to fast response to inquiries and requests for modification to documents.

Reports: all information stored on a file can be easily converted into a report for the client or the court.

   

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