As a litigator, I am frequently asked about self-representation in Small Claims Court. While it is often prudent to hire a lawyer, paralegal or law student, many plaintiffs and defendants opt to represent themselves. Despite its simplified procedures, navigating Small Claims Court can be daunting. Here are 4 tips that any self-represented party should keep in mind during the process.
1. Ensure that Small Claims Court is the right venue for your claim
Before filing a claim, it is important to ensure that Small Claims Court is the proper venue. There are two main issues to consider in this assessment. Firstly, the claim must be started within the limitation period set out in the Limitations Act. The basic limitation period set out in the Act is two years from the day on which the basis for the claim was discovered. However, this is not a blanket limitation period. Another time limit may apply depending on the nature of the claim. If you are unsure about the time limitation on your claim, consult a lawyer,
Secondly, the claim must seek the type of redress that Small Claims Court can provide. A party’s claim is limited to monetary redress or the return of personal property, where the amount claimed does not exceed the value of $25,000. If the plaintiff is looking to control the defendant’s behaviour in some way, Small Claims Court is not the proper venue. Consider the following scenario: Bruce hires a John to mow his lawn and pays him in advance. John never shows up and Bruce’s grass goes uncut. If Bruce brought a claim against John in Small Claims Court, he could request an order refunding the money he paid to John. Bruce could not request an order forcing John to come and mow his lawn.
2. Pay attention to deadlines
Deadlines are an important part of the Small Claims Court process. They keep cases moving through the system. Missing a deadline can result in a case being decided in the other party’s favour. For example, once a claim has been commenced, the defendant must ensure that they file their defence within 20 days of receiving the claim. If this deadline passes, the plaintiff may request that the defendant be noted in default. When a defendant is noted in default, the Court may rule in the plaintiff’s favour and the defendant will have lost the opportunity to have their side of the case properly heard.
3. Take the settlement conference seriously
Once your defence has been filed, a settlement conference will be scheduled. This is a chance for the parties to discuss the case and present evidence in front of a judge, in an effort to reach an agreement and avoid going to trial. The judge will lead the conference and both parties will have an opportunity to present their “side of the story”. Unlike at trial, the judge’s role is to attempt to help the parties establish whether they can settle the dispute. The settlement conference should be treated as a chance to find a resolution and avoid the difficulties that a trial inevitably brings. In some cases, more than one settlement conference may be scheduled if the judge identifies that, with further discussion, a settlement is within reach.
It is important to treat a settlement conference as a chance to get an objective view of your case and whether it is in your best interest to reach an agreement or move forward to trial. Emotions can run high and it is often difficult for parties to see past the chance to “duke it out” in court. However, a trial is a lengthy and costly (in both time and money) process that is often not the best way to settle a dispute.
4. Seek help if needed
Parties to a Small Claims Court action can always consult a lawyer, paralegal or law student at any point during the process. Starting a claim as a self-represented party does not lock you into that status permanently. If further assistance is needed, individuals should not hesitate to seek it out.
Reasonable Doubt appears on Mondays.
A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a lawyer.
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