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Choosing Small Claims

Small Claims Court cannot be used in all cases. There are limits to the amount of money you can sue for in Small Claims and only certain types of claims can be heard in Small Claims Court.

As with any other court case you are considering it is important to first understand:

Monetary Limit

In Small Claims Court there is a limit to the amount you can recover. This amount is called the monetary limit. The monetary limit is currently $50,000. You may claim in excess of the monetary limit but the maximum that can be awarded is still $50,000. If you use Small Claims Court to claim for the maximum amount you cannot start another action in Small Claims Court or any other court to recover more money related to the same claim.

Types of Claims

Small Claims Court cannot be used to deal with every type of claim.

Small Claims Court deals with claims for debts or damages, recovery of personal property and consumer claims. Typical cases may include claims arising from...

  • motor vehicle accidents
  • real estate transactions
  • NSF cheques, or other debts owing, including failure to pay where goods are sold on credit or services are performed on credit
  • defective goods, workmanship or services
  • loss of or damage to goods
  • insurance policies
  • breach of contract

Certain claims cannot be heard in Small Claims Court, including...

  • claims where the title to land is brought into question
  • actions against a bankrupt
  • actions for libel or slander, malicious arrest, malicious prosecution or false imprisonment
  • family law matters including actions concerning family property, child support or spousal support

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