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Understanding Small Claims Disputes in Brampton Ontario

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Published by:

Keisha Johnson

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Reviewed by:

Alistair Vigier

Last Modified: 2023-04-17

Are you looking into small claims in Brampton? Do you want to file a claim? Or maybe you have been served and you need to hire a lawyer to assist you.

Many people do not take small claims seriously. This is of course until a judge rules against them.

Now the person who loses has lost out on a lot of money or has to pay a lot of money. Think about if you now had to pay $15,000.

Judges can have people put in jail for not cooperating. If you go to court and are not treating the judge with respect, you might spend some time in jail.

The same can happen if you refuse to make payment.

If you are thinking about filing a small claims action, you should know that things can get complicated. You can also be countersued.

Small claims disputes are not uncommon in Brampton, Ontario. Such disputes are legal proceedings in which individuals or businesses aim to recover a small amount of money or goods, usually less than $25,000.

Even though the amounts involved are low, these disputes can quickly become contentious and escalate to the point of media coverage. This is evidenced by the numerous small claims disputes that have made the news in Brampton.

The Small Claims Court in Brampton, Ontario is located at the following address:

A. Grenville & William Davis Courthouse
7755 Hurontario Street
Brampton, ON L6W 4T1

To contact the Small Claims Court in Brampton, Ontario, you can call (905) 456-4700.

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Denied any wrongdoing and countersued

One such dispute in 2018 was a landlord-tenant disagreement. The tenant, Maria Giron, sued her landlord, claiming that he had unlawfully entered her apartment and removed her belongings while she was away.

Giron claimed damages worth $5,000 for the loss of her possessions, including clothes, jewelry, and other personal items. The landlord denied any wrongdoing and countersued Giron for unpaid rent and damages to the apartment. The case went to trial, and a judge awarded Giron $4,500 in damages. The judge found that the landlord had breached the tenancy agreement and had no legal right to enter the apartment without Giron’s permission.

Another dispute that made the news involved a contractor who had been hired to work on a homeowner’s property. The homeowner, Ramesh Kallan, claimed that the contractor had done subpar work and had caused damage to his property.

The contractor denied the allegations

Kallan sued the contractor for $25,000 in damages, stating that the work was not completed to his satisfaction and that the contractor had caused additional damage that would require costly repairs. The contractor denied the allegations, claiming that Kallan was attempting to evade payment for the work done.

The case went to trial, and a judge awarded Kallan $20,000 in damages. The judge found that the contractor had breached the contract and had caused damage to the property.

Another dispute that gained media attention involved a customer who had bought a used car from a car dealership. The customer, John Doe, claimed that the dealership had sold him a faulty vehicle with numerous mechanical issues.

Small claims lawsuits Brampton

Doe filed a small claims lawsuit against the dealership, seeking a refund of the purchase price and compensation for the costs of repairs needed to make the car drivable. The dealership denied any wrongdoing and claimed that Doe had bought the car “as-is” and had signed a contract agreeing to accept any defects or issues with the vehicle.

The case went to trial, and a judge awarded Doe $8,000 in damages. The judge found that the dealership had misrepresented the condition of the car and had failed to disclose known defects to Doe before he made the purchase.

These disputes show that small claims cases can be costly and time-consuming. The parties involved must dedicate significant resources and time to resolve the issues. The outcomes are also uncertain, and the disputes can strain relationships between parties.

Small Claims Brampton

In Ontario, you can file a claim for amounts under $35,000. If your claim was for $50K, and you wanted it heard in small claims, you could reduce the amount to $35,000.

There are different steps to small claims. These include pleadings, applications, settlement conferences, trial management conferences, and trials. There could also be appeals.

Small claims (provincial court) are less strict than the Superior Court (Ontario) or Supreme Court (BC.)

When someone loses in the provincial court, they can appeal to the Superior Court.

If you want to file an appeal, you should hire a lawyer. Appeals are more complicated than Brampton’s small claims trials.

Learn About Small Claims

Brampton small claims judges cannot award legal costs to the winning party. This means that a lot of people start small claims action just to see what happens.

Many people that are self-represented (don’t have a lawyer) ask us if they should file in the provincial or supreme court.

In BC they call the upper court Supreme Court, and in Ontario, they call it Superior Court.

Also, in BC they call it “applications” to the court, and in Ontario, they call it “motions.”

Firstly, both courts have different systems and rules, so it’s important to do your research.

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Do Your Research On The Court System

Therefore, we suggest hiring a lawyer if you can afford to help. 

If you cannot afford it, we suggest hiring a lawyer for self-represented coaching. Further, this means that you only pay for the lawyer’s time that you use.

Therefore, you can ask questions and get legal advice. Going to law court in Toronto to deal with your law matter can be extremely stressful.

You should be preparing for court, especially if you are unclear as to what you have to do. 

Judges, court clerks, and security checks can make attending court a nightmare. At the very least it might be an uncomfortable experience.

If you do not yet have a lawyer representing you, you should contact lawyers to represent you in court. 

Small Claims Brampton

When entering the courthouse, make sure to dress appropriately. There’s a reason why lawyers are always in suits.

Judges demand a certain level of respect from everyone entering the courtroom. 

If you throw on a pair of old jeans and a T-shirt, a judge will likely have a hard time taking you seriously.

They might even take issue with your apparent lack of respect for the formalities of court.

Once you are inside the courthouse, always check with the information desk.

Go to where the listings of the day’s proceedings are posted and ask where your specific courtroom is located.

Many courthouses will have numerous courtrooms operating at the same time.

Getting Help With Small Claims Court In Brampton

If you want to update an order, you will have to go back to the court where you made an order. Normally once you start something in one court, you can’t switch to the other.

However, the Supreme Court does hear appeals from the Provincial Court.

Basically, you can do anything in the Supreme Court. However, you can only do certain things in the Provincial Court.

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