Jurisdiction of Small Claims Court

Territorial Jurisdiction

The Rules of Small Claims Court which government how matters are heard in Small Claims Court state that a claim MUST be filed:

  1. In the Small Claims Court closest to where the events of the claim took place, and/or

  2. In the Small Claims Court closest to where the Defendant, or a Defendant in the case of multiple Defendants resides.

Example:

Mohamad lives in Burlington, Ontario. Mohamad hired Roger to perform renovation work on Mohamad's home in Burlington. Mohamad wants to sue Roger for $45,000 for poor workmanship. Roger's business is in Brampton, Ontario
Mohamad can file his claim in Burlington Small Claims Court. This is because the events of the claim took place in Burlington.
Mohamad can also chose to file the Claim in Brampton Small Claims Court if he wants.

Sally had lent $41,000 to Bill as a personal loan. Sally lives in Hamilton and Bill lives in Cayuga. Sally would be required to file the Claim in Cayuga Small Claims Court

Examples:

Frank hired Ahmed to perform renovation work on Frank's house. Ahmed's work was very poor and as a result Frank wants to soo Ahmed for $55,000.
Frank can choose to file his claim in Small Claims Court and wave any amounts or the $5,000 over the $50,000 limit of the Small Claims Court. This means that Frank gives up any claim to the $5,000 if he goes to Small Claims Court. Frank can choose to file his claim Superior Court of Justice for the full amount of $55,000.
The reason why people wave monies over the Small Claims Court limit and proceed in Small Claims Court is the Small Claims Cout is quicker and much easier to manage.

If in the above example, Frank was claiming $80,000 as opposed to $55,000. Also Frank's wife Melinda also owned the house. Then Frank and Melinda could make a joinder claim. This means that Frank can claim $40,000 or half of the $80,000 against Ahmed and Melinda could also claim $40,000 against Ahmed.

Monetary Jurisdiction

The Small Claims Court can hear matters with a monetary limit up to $50,000.
It is important to note that:

  1. If the actual claimed amount exceeds the monetary limit of the Small Claims Court, the Plaintiff can choose to wave all monies over the limit and would lose claim on any amounts over the $50,000.

  2. That the $50,000 limit is per individual Plaintiff and not per Claim.

The information contained above and on this website is NOT legal advice and does not constitute any agreement. Please consult with a paralegal or lawyer before considering your options.