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Areas of Focus: Types of Cases Handled
Question: What types of cases can be litigated in Small Claims Court?
Answer: In Small Claims Court, you can address a variety of disputes including those related to unpaid debts, property damage, and contracts. Understanding the nuances of your case is crucial to effectively navigating the legal process. Access Ontario Legal Services can provide support and guide you through the complexities of your situation to help protect your interests.
Understanding the Types of Cases that May Be Litigated in Small Claims Court
The law is much too large for any person to ever know in full. Indeed, even highly experienced judges with decades of experience will be without full knowledge of the law and are therefore, usually, assigned to handle a narrow focus of cases that are within areas of law that are familiar to the judge. Even so, judges will routinely expect representatives for the parties to perform precedent research and then provide submissions and present argument based upon the findings of that research.
“... I include myself among those who had never heard of the tort of barratry ...”
~ C.A. Osborne A.C.J.O.
McIntyre Estate v. Ontario, 2001 CanLII 7972 (ON CA)
Accordingly, it is common that particular judges will hear civil law cases, other judges hear family law cases, and other judges hear criminal cases, etc. Similarly, legal practitioners will focus upon specific areas of law for the types of Small Claims Court cases that are handled. Of course, it is true that every Small Claims Court case will have a unique factual situation; however, the law and justice system, developed over hundreds of years and it will be unlikely that cases arise where the legal issues truly a first time issue; and accordingly, the relevant law will exist for most case scenarios.