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ONTARIOSuperior Court of JusticeNotice of Motion and Supporting Affidavit Form 15A Ont. Reg. No.: 258/98Small Claims CourtClaim No.AddressPhone numberPlaintiff No. 1Additional plaintiff(s) listed.
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Anglais FAQ
The Ministry of the Attorney General has developed a tool to find case information online for adult criminal cases at the Ontario Court of Justice. You may find it here: Search for court cases online.
There are also procedural, uncomplicated or unopposed motions, called 14Bs, where you ask the court for an order on consent for different procedural orders. An example of a 14B might be that both parties agree to allow a party to file a document late.
If you are a defendant and you do not file your defence within 20 days after you were served with the claim, then the plaintiff can ask court staff to note you in default. Once you are noted in default, the plaintiff can ask for judgment against you without notifying you.
If you have an address for service for the debtor you can serve them with a Notice of Payment Out, which informs the debtor that you will be recovering the money that they paid into the court. Once you have served the debtor you can request the money from the registrar being held in court after a ten day period.
Small Claims Court in Ontario will hear claims for money or personal property at a value of $35,000 or less (not including interest or costs). If you are looking to sue for an amount higher than $35,000 you will need to file your claim with the Superior Court of Justice and follow the civil litigation process instead.
If you are entitled to receive the money that was paid into court, you can ask for the money to be paid out if you have a court order or a consent document signed by all the parties.
Copies of judgments of the Ontario Court of Justice can be obtained by contacting the respective court office where the matter was heard. A photocopy charge is payable.
ing to recent surveys of Canadian lawyers, it can cost upwards of $10,000—$25,000 to take a lawsuit through the traditional litigation process and a trial. Small claims actions cost considerably less and often involve little more than a small filing fee and another fee to serve documents on the opposing side.
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