Month: September 2011

In carrying on with yesterday`s discussion about civil cases that are considered under the simplified procedure there are advantages and disadvantages.

The simplified procedure is designed to resolve disputes sooner. Many procedural requirements are waived such as examination for discovery. There is also a mandatory settlement discussion a few months after the claim is served. There is also a pre-trial in front of a judge. In some jurisdictions there is also mandatory mediation.

Under the simplified procedure parties are encouraged to discuss settlement options to avoid a trial.

The absence of some of the normal procedural requirements actually saves a lot of money for parties involved.

The disadvantages are that in some circumstances you can find yourself at trial much quicker and you won`t have an opportunity to examine any of the parties.

If you think you need to sue someone for $100,000 or less contact my office.

If you are looking to sue someone in Ontario for a civil case there are three possible tracks that can be used. The tracks depend on the amount in dispute.

If it`s under $25,000 you will be in the world of Small Claims Court for more information please see my previous posts about Why Small Claims Court and Small Claims Court Settlement Conference.

If you are over $25,000 and under $100,000 then your action will be started at the Superior Court and the track used will be the Simplified Procedure.

If you are over $100,000 then it`s a regular civil case in Superior Court.

What is the difference in starting an action in Small Claims Court versus Superior Court of Justice?

People often ask me this question.

The primary distinction is the amount outstanding. At Small Claims the maximum you are entitled to recover is $25,000.

At the Superior Court of Justice you can claim for anything over $25,000.

Small Claims Court can be efficient and practical depending on the type of dispute you have. It can be cheaper for the client and you can expect to be at a trial very soon after serving the claim.

Please see some of my previous posts:

Small Claims Court Judgement

Mississauga Lawyer Small Claims Court

Small Claims Court Filing Fees