Small Claim Court
Small Claim Court
You will have the opportunity to explain your matter in general. During the first interview, held in person at our office,we gather the facts and background information. You will explain your problem in detail and show documents. You will ask your questions; you will be given explanations regarding process and our services in the following areas:
- Litigation and debt recovery
- Wrongful dismissal
- Judgment enforcement
- Representation at all hearings
- The procedures, documents and rules can be confusing and time consuming for someone who does not have experience in Small Claims Court.
ASA Professional Corporation provide services in Small Claims Court matters for the payment of money or the recovery of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees.
If the amount of your claim is more than $25,000, you can still choose to use Small Claims Court. However, you will have to give up the amount of money over $25,000, as well as any future right to get this money in any other court.
In Ontario, Small Claims Court operates as a branch or division of the Superior Court. Hearings are conducted by a Deputy Judge who is usually an attorney. There is no jury, and the Deputy Judge will make the decision at the end of the trial or will reserve and present their decision shortly thereafter.
From commencement through trial, the Small Claims Court process typically takes 12-18 months. Our fee for a typical file, including one day of trial, is approximately $3,500 (this is not a guarantee as each case has different complexities) based on our rate of $150per hour. We will assist you in drafting and filing your claim, attend settlement conferences and pre-trial matters, prepare and attend all motions and prepare and attend trials.
If your claim or the claim against you is valued $5,000 or more, then it makes sense to hire ASA Professional Corporation.
During your consultation, we will listen to all the detail of what happened and review any documents. Then we will provide you with our opinion about the probability of success of your matter
Breach of Contract
A contract is a legally binding exchange of promises or an agreement between parties to deliver goods, services, money or other consideration. Contracts can be oral, written or implied. However, some contracts are required to be in writing and signed by the parties in order to be enforceable.
Damages for breach of contract may be given, for example, for the non-performance of a written or verbal agreement. As to the measure of damages, the general rule is that the defendant shall answer for all the injury, which results from the immediate and direct breach of his or her agreement, but not from secondary and remote consequences.