This year, in 2020, the Richmond Hill Small Claims courts are now allowing claims $35K and under to be handled in small claims (Provincial Court.)

After someone files the claim, and the other person responds, there will normally be a settlement conference. If someone doesn’t respond to the claim, it might go directly to an application or motion to the court for default judgment.

If you are applying for a small claims default judgment order, make sure to have proof of service. The judge will want to know that you did everything you could to serve the other party. You might want to have sent by regular mail, registered mail, email, fax… etc. Keep proof of all your attempts to serve the claim.

Richmond Hill, Ontario: Small Claims Court

Richmond Hill Settlement Conference

The judge will push both sides to try and resolve their legal issue. Both sides will introduce their evidence and discuss their case. The judge will ask both sides questions. It is not a trial, but you must be prepared. If the judge doesn’t think you have any case, they have the power to dismiss the claim.

When both sides agree on a solution, the judge will make a court order for that solution. If both sides honour the court order, there will be no further claim. The lawsuit will finish.

Trial Management Conference

Assuming there was a settlement conference, and the claim was not settled, there will normally be a trial management conference. At the conference, you will discuss witnesses, the evidence needed, and the number of days required for the trial.

You can see the link above for more details about the TMC for small claims.

After the trial management conference, there is a small claims trial.

Richmond Hill Trials

When you go to trial, you are sharing your evidence with the judge. However, trials are very complicated. For example, you can’t just hand up evidence to the judge.

You must enter evidence by witnesses. If you are the only witness, your paralegal or lawyer will have you testify.

You will swear that the evidence is true. Hopefully, the judge will allow you to enter the documents into evidence.

Do not do a trial without legal advice. If the other side doesn’t have help, it might be okay. But if they hire a legal expert at the last minute, you will likely lose.

You can call other witnesses, cross-examine the other side’s witnesses, and show evidence.

The Richmond Hill small claims judge doesn’t always make a decision right away.

Small Claims Richmond Hill Appeals In Ontario

The final stage of the small claims process in Richmond Hill is for appeals. Appeals are extremely hard. You have to show that you have a better understanding that the judge of the legal issues. If you are not a lawyer, it is highly unlikely that you can do this.

In Ontario, small claims appeals go to divisional court. You or your lawyer will appear in front of an appeal lawyer. The forms are extremely complicated, and not similar to the simple small claims court.

You will have to study case law and organize your legal arguments in a professional way.

You cannot appeal an amount less than $3500 in Ontario.

There are two forms you must fill out, both called Form 61. You will have 30 days to do this.

Some lawyers have software they use to find mistakes that the judge might have made. This is critical in appeals.

You will also need to get the following documents together:

Exhibit Book
Book of Authorities
Certificate of Perfection
Appellant’s Factum
Transcripts
Appeal Book and Compendium

How to File a Case in Small Claims Court of Richmond Hill, Ontario

If you are simply looking for a lawyer or paralegal to represent you in the small claims issue in Richmond Hill, Ontario, contact us by using the form on the side of this page.

There is normally a flat fee charged for small claims matters. This amount is normally around $2500. If the small claim is for $5000, it will likely not be worth it. However, if your legal issue is $10,000+, it’s definitely worth it.

If your legal issue is $15,000+, you should have a litigation lawyer represent you.

If you don’t want to hire a full-time legal expert, we can provide legal coaching. The legal coaches charge $175/hour, which can save you a lot of money. They can help you with the pleadings and getting ready for the settlement conference and trial. We highly recommend this if you are not willing to spend $2500.

Richmond Hill Ontario Small Claims Lawsuits

Examples of Richmond Hill Ontario Small Claims Lawsuits

One of the cases unfolded around a dispute between two homeowners, while the other centred on a conflict between a business and a consumer.

First up, let’s talk about the residential dispute. This case made headlines due to its peculiar nature, one revolving around a red maple tree. It was a war of shadows, quite literally.

Lucy Harding, a 45-year-old entrepreneur, and her neighbour, Peter Thompson, a 60-year-old retired teacher, found themselves at odds over a single tree that was throwing a shadow on Harding’s solar panels.

Richmond Hill’s courthouse hosted this unique trial. The total claim was under the $35,000 limit of the Ontario small claims court. Harding sought $15,000 in damages, citing loss of solar energy income.

Richmond Hill, Ontario: Small Claims Court Procedures Explained

The case garnered attention as it highlighted the tension between maintaining suburban aesthetics and promoting renewable energy.

Statistics revealed by the court showcased an annual loss of 15% of solar power for Harding due to the shadow cast by Thompson’s red maple.

Although the defendant argued that the tree added value to the community and local wildlife, the court sided with Harding, making an unexpected ruling. It underlined the importance of supporting green initiatives over preserving a single tree when alternative solutions are available.

On the commercial side, another Richmond Hill case gained prominence. It was a battle between an electronics store, CyberHub, and a disgruntled customer, Hannah Smith. Smith purchased a top-of-the-line laptop from the store only to find it malfunctioning within a week.

How to File a Case in Small Claims Court

Despite numerous attempts, the store refused to repair or replace the product, forcing Smith to take the matter to the small claims court.

Smith claimed $3,000, the cost of the laptop, a reasonable sum under the court’s cap. Throughout the case, she argued that CyberHub sold her a faulty product and then failed to honour the warranty. She produced compelling evidence to support her claim, including transaction records and third-party diagnostic reports.

Small claims court statistics show a successful 65% claim rate for consumers like Smith. True to these stats, the court ruled in her favour. The case highlighted the need for businesses to respect consumer rights and warranties, leading to an increase in local awareness regarding consumer protection laws.

Both these Richmond Hill cases brought the small claims court into the spotlight. They underlined the role such courts play in resolving disputes that may seem minor in financial terms but hold significant personal and societal implications.

Understanding the Small Claims Court System

These stories also emphasized the power of perseverance, with Harding and Smith successfully standing up for their rights.

Richmond Hill’s small claims court system proved its worth in these two highlighted cases, demonstrating the importance of accessibility to justice for all citizens, no matter the size of their claim.

These cases also indicated that the courts value principles like environmental sustainability and consumer rights, setting a precedent for future lawsuits.

In conclusion, if you want to learn more about small claims in Richmond Hill, contact us.

Richmond Hill, Ontario: Small Claims Court Procedures Explained

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