Brampton Small Claims Court

brampton small claims court

BRAMPTON SMALL CLAIMS COURT

Located at 7755 Hurontario Street in Brampton, Brampton Small Claims Court is one of the busiest courts in Ontario, where the legal action takes place on issues such as:

Residential eviction, traffic ticket, misdemeanours, minor damage to property, disputes between landlord and tenants, breach of contract and security deposits, unpaid loans and wrongful dismissal. The court also has jurisdiction over issues of a business scam, money damages etc. when the money in dispute does not exceed the sum of $5000* including any penalties but exclusive of costs.

PROCEDURE

  1. If you are the plaintiff, your case will begin by filling a form called 7A Plaintiff’s Claim with the Small Claim Court which cost about $75. Your representative from Shapiro Legal will advise you on who to name as the defendant (or the accused) and where to file the case and draft the wording. If you are the defendant, you will have 20 days from the date of filing the complaint by the plaintiff to serve and file tour defence at the cost of $40.

Sometimes the defendants can also file a counter-claim against the plaintiff or name a third party to the lawsuit when you feel that he/she is partly or entirely responsible for the situation. In such cases, the defendant can issue and serve a 10A Defendant’s claim.

If you are the plaintiff, the professionals can help you to review, discuss and analyse your documents and strategy of the case. They will proceed to implement the plan by drafting a convincing claim (or defence) and file the suit. Once they obtain the declaration from Brampton small claims court, they arrange service of the petition to the defendant (if you are the plaintive and vice versa)

  1. After exchanging pleads, the Brampton court will schedule a settlement conference where no jury will be present to settle the matter and possibly narrow the situation in an off-the-record, no prejudice meeting of both the parties and the representatives. The deputy judge of the Brampton court will felicitate the meeting. There will be many rules and legal procedures to follow in which your representative from Shapiro Legal can assist because the judge will not provide legal advice to any of the parties.
  2. If no settlement has is made at the conference the case is moved to a trial at the Brampton Small Claims Court, presided by the deputy judge who will render the final judgement. The party (usually the plaintiff) filing the prosecution will have to pay a court filing fee of $100. Your representative will review and analyse the case again and discuss Rule 14 Offer to Settlement and negotiate the terms and ensure the smooth completion of the settlement. If that is not possible, both the parties can prepare for trial where interrogations will take place under oath and cross-examinations of the witness (es). If a judgement is rendered in your favour, your representative can ask the judge to reimburse you for legal fees with discretion.

No matter the issue, Brampton Small Claim Court is the place to go to for an inexpensive, fast and easy way for customers and businesses in Ontario to resolve disputes judicially.