EXCELLENCE IS NOT A SKILL
IT IS OUR ATTITUDE
LET OUR LEGAMAX LEAD YOU THROUGH THE LEGAL PROCESS WHILE YOU RUN YOUR BUSINESS AND ENJOY YOUR LIFE
- Breach of Contract?
- Does your business have unpaid Accounts for Goods supplied, sold or delivered?
- Have you provided the services and did not get a payment?
- Have you become a victim of Bad Business Practices or Fraudulent Misrepresentation?
We can provide an endless list of numerous scenarios of civil actions that currently take place in Small Claims Court. Unfortunately, none of us is immune from civil litigation that is associated with either breach of contract, unpaid accounts or claims for damages.
Therefore, we would like to share some basic knowledge and information about SMALL CLAIMS COURT LITIGATION, what types of claims it involves and which specific steps you have to follow. As we usually say: “An ounce of prevention is worth a pound of cure”.
SMALL CLAIMS COURT LITIGATION
Small Claims Court, as a division of the Superior Court of Justice, deals with Civil Actions that involve disputes of a monetary value of up to $25,000.00.
Please note, that the $25,000.00 amount does not include any interest and costs associated with the claim, but may be awarded by the Honorable Court. Small claims court handles all claims for money or/and return of property valued at up to $25,000.00
If the amount of your claim is more than the current monetary limit, you may still choose to proceed with the Claim in Small Claims Court, but you will have to . You should always consider efficiency and cost effectiveness offered by Small Claims Court.
Usually, it is characterised that the forms and procedures involved in Small Claims Court are simplified and are suitable for an ordinary person. It does not usually represent the reality.
Back in 2010, the monetary jurisdiction of Small Claims Court has increased from $10,000.00 to $25,000.00. Therefore, you will witness complicated cases with professional and experienced litigants who master the Rules of the Small Claims Court and follow the civil litigation process.
It is very important to understand that experienced and professional legal representation always makes a difference.
Another very important factor that we would like to mention and you have to consider -LIMITATION PERIOD.
Usually, under the Limitations Act, 2002, you have to commence a court action within two (2) years from the cause of action. For example, the date when the debt is discovered or acknowledged.
Please remember, that once the two-year period passes, and you have not started your action, you may be statute barred from doing so.
MAIN PROCEDURAL STAGES IN A CIVIL ACTION LIFE CYCLE
Outlined below procedural stages will assure you that dealing with the Small Claims Court Claim is complicated and very overwhelming:
- Skip Tracing/Finding Debtor, Debtor's Assets
- Legal Research/ Case Law Research/ Preparation of Memos
- Preparation of Pleadings (Plaintiff’s Claim or Defence)
- Preparation of Court Documents
- Services and Filing of Documents with the Court
- Requests to Small Claims Court Clerks
- Alternative Dispute Resolution/ Mediation and Negotiation
- Settlement Conference/Terms of Payment Hearings
- Productions of Documents/ Disclosures
- Default Proceedings
- Terms of Payment Hearings
- Assessment Hearings
- Preparation of Affidavits
Enforcement of Judgments
- Issuance of Writs of Seizure and Sale of Land and Private Property
- Writ of Delivery
- Garnishments of Wages, Bank Accounts, etc.
- Examination of Judgment Debtors
In accordance with the Rules of the Small Claims Court, there are strict procedural rules and deadlines. We always suggest our clients to retain a legal representative immediately; and it does not matter if you need a legal representative to either initiate a Civil Action or Defend a Claim.
WE BELIEVE IN EFFICIENT RESOLUTION and in order to achieve it, you should ACT FAST and have our team, Number One Choice Paralegals, by your side.
We will provide you with the superior fact finding process that will determine the merits of your case and develop the procedural strategy in your civil action.
CONTACT US AND YOU WILL GET PROVEN RESOLUTION methods and SUPERIOR LITIGATION techniques.
TYPES OF SMALL CLAIMS COURT CLAIMS
BREACH OF CONTRACT
A breach of contract occurs when one or more parties to the contract do not honor a binding agreement or negotiated exchange of promises, fails to perform, precisely ad exactly, his/her obligations under the contract. For example, failure to perform the services as it was agreed, failure to supply goods or deliver defective goods. Matters related to breach of contract are very common subject matters that happen to be in Small Claims Court. It is very important to note that in order to have an enforceable and valid contract, there are fundamental and mandatory elements of the contract that include but not limited to:
- 1. Offer
- 2. Acceptance
- 3. Consideration
Examples of “Breach of Contract”:
- Non-payment of promissory notes;
- Defective good and services;
- Failure to pay for the services performed under the contract;
- Termination of Commercial Lease Agreement;
- Wrongful dismissal; and many others
It is essential to have good business practices. More significantly, it is very important to maintain a good credit and have effective collection policies in order to keep up with business expenses associated with supply of goods, payroll, monthly expenses, etc. Any business, does not matter either big or small, tremendously suffer from bad business practices conducted by other party to the existing contract.
LegaMax Legal Services will assist you in the process of recovery of outstanding personal or business accounts. Our accurate case assessment will help you to develop the most effective approach in the process of debt recovery. Our team will make sure that your business receivables do not become your outstanding accounts.
UNPAID LOAN/NSF CHEQUES
If you do not want to deal with any negative consequences associated with personal or even business loans, you should remember the most important LEGAL ADVICE: “DO NOT LEND MONEY”. If you already did, you should contact us immediately.
Please remember that having a promissory note or a repayment plan agreement does not guarantee you the actual and full re-payment of the loan. We have an extensive experience dealing with various types of loan agreements. Therefore, we predict all possible outcomes before they even happen. Our team will help you to overcome a negative experience dealing with Debtors.
Negligent misrepresentation often involve cases where a party to a contract has used a false statement of fact that had the effect of inducing the other party into a contract. A legal term “negligent” makes a “negligent misrepresentation” a careless act of representation, when a person who makes a representation does not have reasonable basis to believe that such representation is true. In case where a false statement was made deliberately and knowingly, we have a dispute that involves a FRAUDULENT MISREPRESENTATION.
CONSTRUCTION AND RENOVATION RELATED DISPUTES
This type of disputes usually involves a breach of contract and bad business practices. There are different reason that cause construction/renovation disputes going all the way to Small Claims Court. For example:
- Failure to obtain necessary building permits and approvals
- Design and construction discrepancies and defects
- Construction/renovation delays
- Unnecessary construction/renovation changes
- Poor workmanship
- Use of substandard materials to reduce the cost of renovation; etc.
CONSUMER PROTECTION LAW AND DISPUTES
In Ontario, your rights as a consumer are set out by the Consumer Protection Act and other consumer protection legislation, which explicitly cover most common consumer transactions. You should remember that the Consumer Protection Act governs the most common transaction in the marketplace and home, and in case where the Act does not address your transaction in question, you can find assistance in the following Consumer Protection legislation:
- Collection Agencies Act
- Consumer Reporting Act
- Payday Loans Act
- Bailiffs Act
- Repair and Storage Liens Act
- Motor Vehicle Dealers Act
- Travel Industry Act
- Real Estate and Business Brokers Act
- Technical Standards and Safety Act, etc.
There are certain rights and privileges that are available in certain types of transactions. For example, you have a cooling-off period available when you sign a contract. Please note that not every single transaction provides you with an option to cancel the contract within the cooling-off period. Therefore, if you do have any questions or inquiries, do not hesitate to contact our office.
EMPLOYMENT LAW DISPUTES
Since the government raised the Small Claims Court monetary limit to 25,000.00 from $10,000.00 four years ago, the number of cases involving employment disputes has increased dramatically. It is now common to proceed with the wrongful dismissal suit by commencing an action in the Small Claims Court.
LegaMax offers assistance as well as knowledgeable and professional representation to both employers and employees. If your employment has been terminated unfairly, unreasonably, without sufficient or just cause, we will guide you through the process of resolution of your wrongful dismissal claim.
As legal professionals we believe in the power of ALTERNATIVE DISPUTE RESOLUTION. Please note that in order to resolve any legal matter in time and cost efficient manner, LegaMax Legal Services will use powerful negotiation tools in order to achieve the best possible result for its clients.
REAL ESTATE DISPUTES
Canadian Real Estate Market is always active, and, therefore, we have an increased amount of clients, both buyers and sellers who, unfortunately, end up having various disputes as a result of their real estate transaction. It is very efficient and practical to proceed with the resolution of the real estate dispute in Ontario Small Claims Court.
LegaMax Legal Services provides legal representation to both individual and commercial clients and facilitates a resolution.
Real Estate disputes include but not limited to:
- undisclosed property deficiencies,
- claims for damages,
- claims for specific performance,
- recovery of deposits in relation to purchase agreements,
- disputes related to commissions, brokers and agents,
- claims for real estate misrepresentation, etc.
Our paralegals will negotiate with opposing parties towards mutually beneficial resolutions that will promote and protect our client’s objectives. If you are looking for solution driven results, you are highly encouraged to contact LegaMax Legal Services.
We will provide you with the efficient legal advice and representation.
- WHAT TO KNOW ABOUT UNPAID INVOICES AND UNPREDICTABLE FINANCIAL LOSSES
- “WORKPLACE BULLYING” – ANOTHER FORM OF HARASSMENT?
- CONTRACT BREACHES & DISPUTES: FORMATION OF THE CONTRACTUAL RELATIONSHIP AND ITS COMMON PITFALLS.
- POTENTIAL EMPLOYMENT DISPUTES: INDEPENDENT CONTRACTOR VS. EMPLOYEE. WHAT TO KEEP IN MIND?