Ontario Paralegal Licensing study materials
Ontario Paralegal Licensing study resources

Ontario Paralegal Licensing: Civil Litigation (Small Claims Court)

Ontario Paralegal Licensing · Work through your exam, one topic at a time.

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Civil Litigation (Small Claims Court)

Core concepts

Know the Small Claims Court monetary limit, currently $35,000, exclusive of interest and costs. Understand the Rules of the Small Claims Court: plaintiff's claim, defendant's claim, default judgment, motions, settlement conference, trial, costs, and enforcement. Identify the correct court and avoid claim splitting. A two-year basic limitation period applies to most claims, running from discovery. Service must comply with the rules; incorrect service can invalidate default judgment. A defendant's claim is the Small Claims equivalent of a counterclaim.

Traps

Questions often test the monetary limit and whether interest or costs push a claim over. They do not. Another trap is default judgment: the plaintiff must prove service and entitlement, often by affidavit. Settlement conferences are mandatory in many cases and are not merely informal chats. Costs are limited and not usually full indemnity. Enforcement questions may ask about garnishment, writs of seizure and sale, or examination in aid of execution. Do not assume a judgment is automatically collected.

Worked example

Client claims $40,000 in unpaid invoices plus $3,000 interest. The claim exceeds the limit. You may abandon the excess and claim $35,000, or consider another court if the amount justifies it. State the abandonment clearly. Interest and costs do not count toward the $35,000 limit.

Rule of thumb

Before filing, check three things: limitation period, correct defendant and address for service, and whether the amount fits within $35,000 exclusive of interest and costs.