To fill out an Affidavit of Service Form 8A, follow the instructions on the form. You must describe:

• The name of the person who served the document (e.g. you or a representative or friend) and where they are from;
• The name of the person who was served;
• When the document was served (day, month and year);where the document was served (e.g. house number, apartment number, street name, city, and province);
• What document was served (e.g. a claim, defence, or notice of motion); and
• The method of service (e.g. by personal service, service at place of residence, service by registered mail, courier, regular letter-mail, or fax).

If you served the documents, then you must swear or affirm that the information in your affidavit of service is true. If you had another person serve the documents, then that person must fill out the affidavit of service and swear or affirm that the information in the affidavit is true.

The affidavit must be signed in front of a person authorized to take oaths and affirmations (i.e. a commissioner for taking affidavits). The commissioner will ask the person making the affidavit to swear or affirm that the information in the affidavit is true, will ask that person to sign the affidavit, and will sign the affidavit as sworn or affirmed. Do not sign the affidavit before going to the commissioner.

Note: It is a criminal offence to swear or affirm an affidavit you know is false.

While some legal costs can be recovered in Small Claims Court, the amounts awarded to successful parties are significantly limited by the Rules of the Small Claims Court and the Courts of Justice Act. This is why it is important that you seek legal representation that is experienced with Small Claims Court litigation, and offers fees that are proportional to the nature of these claims.

In cases where the parties reach a settlement out of court, your paralegal may agree, as part of the settlement with the other party(ies,) to include some amount in the agreement to cover some of the legal expenses of the litigation.

In matters that proceed to trial, the Rules of the Small Claims Court (in conjunction with section 29 of the Courts of Justice Act) provides that a successful party may recover expenses associated with legal representation fees (i.e. your paralegal fees) for up to 15% of the amount being claimed in the action. That means that if the action seeks an award of $20,000, the successful party may be awarded up to $3,000 in legal fees. Generally, a successful self-represented party will not be awarded more than $500 for the inconvenience and expense associated with the action.

Parties may be able to recover amounts in excess of this 15% rule for their paralegals fees in cases where a successful party made an offer to settle, that was not accepted by the opposing side, and the party obtains a judgment that is as favourable, or better than the offer. The cost consequences associated with this failure to accept an offer cannot amount to more than twice the costs that would be awarded to the successful party.

Disbursements (other costs associated with the litigation) are recoverable in addition to the paralegals fees, though there are also some limitations provided in Rule 19 of the Rules of the Small Claims Court. For example, a party will not normally be awarded more than $60 for the costs to effecting service (per defendant). The amounts of disbursements associated with preparing a Plaintiff’s Claim or Defendant’s Claim shall not exceed $100. Examples of other costs that may be recovered in addition to your paralegals’ fees are expert fees, copying costs, and reasonable expenses for travel and accommodation.

The Rules of the Small Claims Court also provides that a penalty may be awarded against a party which has unreasonably complicated or prolonged the action, though this type of award is rare.

Since all these rules are complex, you should be represented by someone familiar with them in order to maximize the costs that may be awarded to you if you are successful in the litigation. A competent representative will also help minimize the costs awarded against you, if you do not succeed in your claim

If you received judgment in your favour (successful), you may be entitled to recover some costs.

If you served the document by mail or courier and wish to recover the costs, you must provide the court office with a receipt showing what you paid.

If someone was hired to serve the document on your behalf, you must provide the court office with a detailed invoice or statement detailing the amount paid to have the document served. A maximum of $60 per person to be served can be claimed regardless of the amount paid or number of attempts made to serve the document, unless the court orders otherwise under Rule 19.01(3).

The court office will accept a defence for filing as long as the plaintiff has not noted the defendant in default. If the defendant has been noted in default, the Rules provide that the party cannot file a defence or take any other step in the proceeding. The party will need to make a motion to set aside the noting of default, without leave of the court or the plaintiff’s consent.

If you are serving the claim yourself on a business:

• Do you have a corporate search? If not, you will want this prior to issuing and/or serving your claim. See our video on “suing a business” or “what is a corporate search”
• it must be hand-delivered to the company and left with the person in charge at the time of your attendance.
• If there is only one person in attendance at the time of service, they are assumed to be in charge
• You need to obtain the name and position of the person you leave it with
• You need to take note of the date and time you serve it.
• If the company is no longer at the registered head office address, and you have attempted to serve the claim there, you can send it by regular mail to the address, and to the address of all directors outlined on the corporate profile report

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A process server is someone who is trained to serve legal documents. Different types of documents can be served in different ways. A process server knows all the rules of service and determines the proper way to deliver the legal documents.

Once they serve the documents, they prepare all the necessary paperwork required to prove to the court that the legal document was served. This is called an Affidavit of Service. If the process server makes several attempts to serve a document but is unsuccessful, they will generally provide you with a document called Attempted Affidavit of Service. This affidavit can be used to assist you in obtaining an order by the court to serve the document in a different way, not normally permitted by the rules.

Most process servers will attempt to serve the document at varying times of the day and on weekends before they close their file. This is important if the legal documents do not get served and you need an Affidavit of Attempted Service, as the court will want to know that you have tried at appropriate times of the day.

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If you are serving the claim yourself on an individual:

• obtain the name of the individual in the household that you are giving the claim to, if not the party you are serving – if they don’t provide it to you, that’s ok.
• No signatures are required when serving a claim on your own
• Take note of the date and time of the service
• Do not leave it with someone who appears to be under the age of 16
• If serving them at work, you must hand-deliver it to the person you are suing. You cannot leave it with anyone else at the place of work.
• You cannot leave the claim in a mailbox or at the front door.
• Someone must be home to accept service. If they choose not to accept service you can leave it at their feet, but only after confirming the individual lives at the address with the party, you are serving.

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If you find yourself unable to serve a document by means of personal service, you may choose an “alternative to personal service.” This means that you are choosing another method of service for instance, serving at a place of residence: permitted by the following rules.

Rule 8 States:

Alternatives to personal service

8.03 (1) If a document is to be served by an alternative to personal service, service shall be made in accordance with subrule (2), (3) or (5); in the case of a plaintiff’s claim or defendant’s claim served on an individual, service may also be made in accordance with subrule (7).

At Place of Residence

(2) If an attempt is made to effect personal service at an individual’s place of residence and for any reason personal service cannot be effected, the document may be served by,

(a) leaving a copy in a sealed envelope addressed to the individual at the place of residence with anyone who appears to be an adult member of the same household; and

(b) on the same day or the following day, mailing or sending by courier another copy of the document to the individual at the place of residence.

Corporation

(3) If the head office or principal place of business of a corporation or, in the case of an extra-provincial corporation, the attorney for service in Ontario cannot be found at the last address recorded with the Ministry of Government Services, service may be made on the corporation

(a) by mailing or sending by courier a copy of the document to the corporation or to the attorney for service in Ontario, as the case may be, at that address and

(b) by mailing or sending by courier a copy of the document to each director of the corporation as recorded with the Ministry of Government Services, at the director’s address as recorded with that Ministry.

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A defence is your response to the claim. The Rules provide for several types of service of a defence. How you serve the defence, and on whom, depends on what type of plaintiff is suing you (whether the plaintiff is a person or a company). The rules state: “8.01(14) The following documents may be served by mail, by courier, by fax, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03, unless the court orders otherwise: 1. A defence. 2. Any other document not referred to in subrules (1) to (13).”

To serve a document by means of personal service, refers to you, or someone acting on your behalf, will hand the document to the party (for example, the defendant(s)). The person serving the document must first be satisfied that the person being handed the document is in fact the party. If the party refuses to take the document, you can drop it on the floor at their feet. The person who serves the document would note this in his or her affidavit of service because it is a related detail.

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The onus in on the individual to ensure the court and the other parties in the matter have an updated and proper address in order to serve documents on the party. If the individual’s address changes, they must serve written notice of the change on the court and other parties within seven days after the change takes place. Detailed notes should be kept as to when and how the individual served their new address on each party in the matter and the court. Also, be prepared for court, they may require an Affidavit of Service in the near future regarding service.

If the court or other parties are not advised by the change of address, they are entitled to serve documents at the old address, which means you will not be fully informed about the current status and relevant information in your matter. Orders may be made without your knowledge and in your absence.

The judge will decide what kind of substituted service will be permitted. Types of substituted service you might request are:

• Leaving the claim with a relative of the defendant;
• Mailing the claim to the address of the defendant’s employer; or
• Posting the claim on the door of a particular residence or other place

Before asking for an order for substituted service, several tries should be made to serve the document by the method or methods provided by the Rules. Be prepared to give details of how you tried to serve the claim, what happened and why the method of service you are asking for will succeed.

If the court makes an order allowing substituted service, you must serve on the party the following:

• A copy of the order;
• The notice of motion and supporting affidavit; and
• The claim.

Note: An order made by a judge in Small Claims Court is generally set out in an endorsement record. An endorsement record is the official document that records the judgment or court order.

Once your claim is issued, you have a very specific time period to serve the claim. In Ontario you have 6 months to serve your claim, and in AB you have 1 year. If you cannot serve your claim within this time frame you will need to file a motion or application to extend the time for service.

The individual making service will provide the party with a copy of the document(s). If more than one party is being served, then each party much be served with their own copy of the document(s). For instance, if you have named two defendants on a claim who share the same address, you must send a copy of the document(s) to each party in separate addressed, sealed envelopes. Remember, once the other party has been served, an Affidavit of Service must be completed for each party served with a document.

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The court office will accept a defence for filing as long as the plaintiff has not noted the defendant in default. If the defendant has been noted in default, the Rules provide that the party cannot file a defence or take any other step in the proceeding. The party will need to make a motion to set aside the noting of default, without leave of the court or the plaintiff’s consent.

It is recommended to attempt to serve the document at varying times of the day and on weekends. This is important if the legal documents do not get served and as you will need to prepare and file an Affidavit of Attempted Service. In the affidavit the court will want to know that you have tried at appropriate times of the day.

A plaintiff’s claim and defendant’s claim must be served on the defendant within six months after the date the claim is issued by the court. If there is more than one defendant in the case, all defendants must be served within this time frame.

Depending on who you are serving changes the personal service requirements in Ontario Small Claims court.

The Rules State:

Personal Service

8.02 If a document is to be served personally, service shall be made,

Individual

(a) on an individual, other than a person under disability, by leaving a copy of the document with him or her;

Municipality

(b) on a municipal corporation, by leaving a copy of the document with the chair, mayor, warden or reeve of the municipality, with the clerk or deputy clerk of the municipality or with a lawyer for the municipality;

Corporation

(c) on any other corporation, by leaving a copy of the document with

3. an officer, a director or another person authorized to act on behalf of the corporation, or
4. a person at any place of business of the corporation who appears to be in control or management of the place of business;

Board or Commission

(d) on a board or commission, by leaving a copy of the document with a member or officer of the board or commission;

Person Outside Ontario Carrying on Business in Ontario

(e) on a person outside Ontario who carries on business in Ontario, by leaving a copy of the document with anyone carrying on business in Ontario for the person;

Crown in Right of Canada

(f) on Her Majesty the Queen in right of Canada, in accordance with subsection 23(2) of the Crown Liability and Proceedings Act (Canada);

Crown in Right of Ontario

(g) on Her Majesty the Queen in right of Ontario, in accordance with section 10 of the Proceedings Against the Crown Act;

Absentee

(h) on an absentee, by leaving a copy of the document with the absentee’s committee, if one has been appointed or, if not, with the Public Guardian and Trustee;

Minor

(i) on a minor, by leaving a copy of the document with the minor and, if the minor resides with a parent or other person having his or her care or lawful custody, by leaving another copy of the document with the parent or other person;

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The estimated cost of a process server ranges from $85-150.00 in most cases. The cost may vary depending on the location of the party being served and the type of document being served. Most process servers will provide you with a quote before you decide to hire them and will usually include up to 3 attempts in serving the document before they close their file.

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The answer is YES. A plaintiff can file a motion to request an order to extend the time for service. You must explain to the judge why you were not able to serve the claim within the six months period.

If a party did not receive a document that was supposed to have been served on them under Rule 8, or was received after the specified time frame allowed under the Rules, the party can bring a motion to the court for the order they need in the circumstances.

For example: Where a defendant does not receive the claim but receives a default judgment from the court, they may wish to bring a motion to set aside the default judgment and an extension to file a defence. If a defendant receives a notice of motion less than 7 days before a hearing date, they may request an adjournment in order for them to have more time to prepare.

The answer is no, if personal service is not required under the Rules. Most often service of documents are sent by mail or by courier, dropping it off at an office, or having someone serve on your behalf.

At times distance may make it inconvenient or impossible for an individual to serve their own documents. It may be an awkward or potentially confrontational situation which may make it uncomfortable. If sending the documents by mail or by courier is not allowed under the Rules, there are professional process servers who will serve the document for you, for a fee.

You may also ask a friend to do it for you. If you have a friend in another town where the other party is located, you may be able to mail it to a friend there and have them serve it for you.

Note: An Affidavit of Service will have to be filed with the court that is signed and sworn or affirmed by the person who served the document

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You may find yourself unable to serve your claim because the party has moved and you cannot find a forwarding address. You might be under the impression that the party knows you are trying to serve the claim and is avoiding you. In either case, you may file a motion to seek an order for substituted service under Rule 8.04.

The Rule States: “8.04 If it is shown that it is impractical to effect prompt service of a claim personally or by an alternative to personal service, the court may allow substituted service”. The method ordered by the court is substituted for the method(s) of service allowed for that particular document and on that particular party in the Rules.

Rule 8 for Service must be followed when serving Small Claims Court documents. In some cases it is the clerk of the court who will serve documents by mail. However, most cases it is the party’s responsibility to serve their own documents on the other parties. The rules below outline how specific documents are to be served.

Default Judgment

8.01 (4) A default judgment (Form 11B) shall be served by the clerk, by mail or by fax, on all parties named in the claim.

(4.1) Despite subrule (4), if a plaintiff’s claim was issued electronically under rule 7.04, the clerk may serve the default judgment on the plaintiff by email to the email address provided by the plaintiff for the purpose, if these rules permit it.

Assessment Order

(5) An order made on a motion in writing for an assessment of damages under subrule 11.03(2) shall be served by the clerk to the moving party if the party provides a stamped, self-addressed envelope with the notice of motion and supporting affidavit.

Settlement Conference Order

(6) An order made at a settlement conference shall be served by the clerk by mail or by fax on all parties that did not attend the settlement conference.

Summons to Witness

(7) A summons to witness (Form 18A) shall be served personally by the party who requires the presence of the witness, or by the party’s representative, at least ten days before the trial date; at the time of service attendance money calculated in accordance with the regulations made under the Administration of Justice Act shall be paid or tendered to the witness.

Notice of Garnishment

(8) A notice of garnishment (Form 20E) shall be served by the creditor,

(a) together with a sworn affidavit for enforcement request (Form 20P), on the debtor, by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03; and

(b) together with a garnishee’s statement (Form 20F), on the garnishee, by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.

Notice of Garnishment Hearing

(9) A notice of garnishment hearing (Form 20Q) shall be served by the person requesting the hearing on the creditor, debtor, garnishee, co-owner of debt, if any, and any other interested persons by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.

Notice of Examination

(10) A notice of examination (Form 20H) shall be served by the creditor on the debtor or person to be examined personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.

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If the person you are looking to sue normally lives in Ontario but is away, for instance, they took up a job in Montreal, you can serve the claim on the person in Montreal just as you would if they were residing in Ontario.

If the person lives or carries on business outside of Ontario, you could serve your claim on the person outside of Ontario just as you would if they lived or carried on business in Ontario. If you request it, the court may award additional costs to you to cover any extra expense involved in serving the claim outside Ontario.

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It is extremely important that you conduct searches on the business you are suing prior to issuing a claim. If you do not name a party correctly, it can be impossible to collect the funds due to you. Further, if you make a mistake in naming a party you can get to the stage where judgment can be obtained but you can be forced to amend your claim and basically start the process all over again.

You can sue up to $35,000.00 in Ontario Small Claims Court.

When writing your Small Claims Court it is important to follow these simple rules:

• Keep it simple
• Keep to the facts.
• Number your paragraphs
• No need to recite the evidence you will rely upon
• Use dates and be specific wherever possible
• Explain what lead up to the event, what happened to cause the conflict, Why the other side owes you money, explain attempts to obtain payment, and how do you calculate the amount owing.

A corporate search can be done by using an online service by third party companies such as ESC (https://www.eservicecorp.ca/) or Cyberbhan (https://cyberbahngroup.ca/) , or you can contact us at Precision Paralegal (https://www.precisionparalegal.ca) and we can conduct the search(es) for you for a small fee.

Corporate Searches can cost roughly $50 per document and you may be able to claim these fees back in your judgment.

A corporate search or business names search is likely one of the most neglected parts of litigation by a self represented party.

It is extremely important that you conduct searches on the business you are suing prior to issuing a claim. If you do not name a party correctly, it can be impossible to collect the funds due to you. Further, if you make a mistake in naming a party you can get to the stage where judgment can be obtained but you can be forced to amend your claim and basically start the process all over again.

A business names search will tell you if the company you are suing is a corporation, sole proprietorship, or partnership. It is important to know which type of company you are dealing with because the rules of serving the claim will be different for each. Also, you may be able to sue the owner of the business depending on the type of company it is.

A Corporate Profile Report tells you the registered head office address for the company and the names and addresses of all the directors and officers for the corporation. It also can confirm if the corporation is still “active” (being Active does not confirm the company is still operating, just that they continue to have an active company registered with the government). The report will also advise you when the company was registered, in what province, if it’s a federally incorporated company, and if it has any registered business names. All of this information is helpful when deciding who to sue, where to sue, and where to serve the claim amongst other things.

A business search on a sole proprietorship or partnership will tell you the properly registered business name as well as the registered owner or partners in the company. You will want to name both the business and the individual(s) who own the company. The search will tell you the registered address for the business as well as the names and addresses of the owner/partners. The search will also advise if the company is still active and when it was first registered.

If you are attempting to search for a company and you cannot locate it, there may be other options available to you. You should contact a paralegal to assist you in determining the best way to move forward.

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The Defendant has 20 days within service of the claim to respond. There are several ways a Defendant can respond to a Plaintiff’s Claim. The defendant may:

• Agree to pay all of your claim in full or by way of payments;
• Oppose all or part of the claim;
• Make a claim against you and/or another party, called a Defendant’s Claim

The defendant may file a Defence disputing all or part of your claim. The Defendant may also file a Defence admitting to the full claim, at which time they must also make a proposal on how they will pay the amount to you.

If the Plaintiff’s Claim is disputed in all or part, the Small Claims Court then sets a date for a settlement conference. If the Plaintiff’s Claim is not disputed, and a payment proposal is outlined, the Plaintiff has 20 days to dispute the terms of payment, by requesting that a Terms of Payment hearing be scheduled. If a Terms of Payment hearing is not requested within this timeline, the Plaintiff is deemed to have accepted the offer outlined in the Defence.

If the defendant does not file a Defence within the specified time limits, or contact you to resolve the claim, you can file a Request to Clerk form to note the Defendant in default for failing to file a Defence.  This will prevent the Defendant(s) from filing a Defence after the timeline has expired without first bringing a motion for the courts permission to do so.

If the claim is for a liquidated debt (unpaid invoice, loan agreement, etc.) you may also request the clerk of the court to issue a Default Judgment.  You must complete the form yourself.

If your claim is for damages or an non-liquidated debt (damage to property, injury, etc.) then you can either file a motion in writing to request judgment or request an Assessment hearing so that a judge can decide on the appropriate amount of the judgment and any associated costs you are requesting.

If you are in negotiations with the opposing party and are approaching your limitation date, you may want to secure your right to proceed with legal by issuing a claim. You do not need to serve it if you reach an agreement with the opposing party. You may also want to protect your limitation period by issuing a claim against the opposing party even if you cannot confirm their address for service or know they cannot pay the debt at the moment, but will likely be in a position to pay in the future.

A Limitation date is a limit on how long you can wait before making a claim.

The basic rule in calculating your Limitation Period is 2 years from the date of the event or default. However, some actions require a more in-depth look at the calculation of the limitation period start and end date. If you have a simple unpaid debt, you can usually rely on the date of the last payment or date of an invoice, to calculate the start of the limitation clock, however, in some cases it may start earlier, or can be extended.

If the claim is regarding an event or damages outside of a simple unpaid debt, the limitation period generally starts from the date of the event, or the date you became aware you may have suffered damages. This can be subjective in some cases and you may want to research the issue of limitations further.

When the limitation period is a question you need to be answered, it is best to contact a paralegal to assist you in determining the date of the limitations.

If the judge grants your motion, you can ask the judge to make the other party pay some of your costs. These costs can include court filing fees, representative fees, and expenses for witnesses, photocopying, faxing and delivery of documents.

The other parties have the chance to respond to the motion and fill out their own Affidavit forms stating facts that they want the judge to consider before granting a motion. Any response must be served on the other parties and filed with the court at least two days before the court date for the motion.

To ask a judge to make an order/decision about your case, you must make a motion.

Steps required to making a motion:

1.Fill out a Notice of Motion and Supporting Affidavit form.

2.Explain what you want and why including the facts supporting your motion.

3.Once a hearing date is obtained for the motion from the court make sure to write this date on the Notice of Motion and Supporting Affidavit form.

4.Serve the Notice of Motion and Supporting Affidavit on the other parties. This must be done at least seven days before the court date for the motion.

5.Bring to the court the completed Notice of Motion and Supporting Affidavit and an Affidavit of Service at least three days before the court date for the motion.

6.Pay the court filing fee for the motion. Read the Guide to Fee Schedules for information regarding fees.

A motion is a formal request to a judge to make an order about your case. Anyone who is a party to a case can make a motion.

Motions can be helpful towards your matter, however, be mindful it may prolong your matter and cost more money.

Examples of motions in Small Claims Court:

• A defendant could ask the court for more time to send in a Defence or a Defendant’s Claim.
• A party could ask the court to resolve a specific issue in the case, for example to extend time to pay costs ordered by the court.
• A party could ask the court to change an order that has already been made. For example, the defendant could ask the judge for an order to overturn default judgment granted against him or her.
• The defendant could ask the judge for an order stating that the money owed has been paid in full, or goods returned.

An interpreter translates communication from one language to another. Small Claims Court provides interpretation services for all court proceedings and written documents from English to French and French to English. If you or your witnesses will need language interpretation in court from French to English or English to French, notify the court office at the outset of the case.

Interpretation from English or French to any other language must be arranged for, and paid by, the party who requires the interpretation. The interpreter must be accredited as being capable of performing that function.  You cannot use a friend or family member to interpret for you or your witness.

Note: If no interpreter is provided at the time of trial, it may result in an adjournment or costs being awarded against the party.

The length of a Small Claims Court trial varies significantly based on the complexity of the issue(s).  Since the monetary jurisdiction of the Small Claims Court was raised to $35,000.00, multi-day trials in Small Claims Court have become more frequent.  While some matters can last just a couple hours, some can last up to several days.  The length also depends on the number of witnesses and how well the parties are prepared.

For claims under $3,500, parties who cannot reach an agreement at the settlement conference may ask a judge to decide the case at the settlement conference. If the judge decides the case at the settlement conference, the case ends and there is no trial.

If there is no agreement between the parties, the court will hold a meeting no later than 90 days after the first Defence is filed with the court. This is called a settlement conference. All parties must attend unless the court orders otherwise. This meeting usually takes place in a private room with the judge and the parties sitting around a table.

The goal of this meeting is to find a solution both parties can accept. If it is not possible to find a solution for the whole case, the judge will try to get the parties to agree on some of the issues. If all issues are not settled at this meeting, then a trial will be planned.

The answer is YES. The parties can also settle the case by talking about it outside of Small Claims Court. There does not have to be a written offer. If the case is settled in this way, the parties should make an agreement in writing and sign it.

Witnesses do not go to the settlement conference. The parties explain what the witnesses will say if the case goes to a trial.

Settlement conferences are to take place in every defended action within 90 days after the first Defence is filed.

These conferences are very informal and normally involve the parties, their legal representative (if any), and a Deputy Judge (who will not be gowned). They normally last between 30 minutes to an hour.

The manner in which settlement conferences are conducted will largely depend on the Deputy Judge. Some Deputy Judges will hear the parties summary of the issues and then offer their own thoughts, while others proceed to ask specific questions to the parties or their paralegals right from the beginning.

Having a competent representative beside you at the settlement conference will ensure that you make the most if it, and in many cases, facilitate the prompt resolution of your matter without the need to go to trial. Contact us if you need representation (15 days notice before your settlement conference, if possible).

The purpose of the settlement conference is first and for most, to determine if the case can be resolved without the necessity of a trial.  If the matter cannot be resolved, the presiding Deputy Judge will help the parties narrow the issues and prepare for trial. Procedural orders may be made by the settlement conference judge, such as an order for disclosure of specific documents, or an order to extend or shorten a timeline for a party to complete a certain task.

The answer is YES. In some cases, the other party may contact you directly and offer to pay you or try to settle your claim in some way. If that happens, you’re free to come to whatever arrangement you like or direct them to your legal representative. If you’re happy with the defendant’s offer, you don’t have to continue with your lawsuit. However, you should prepare a Terms of Settlement form for all parties to execute so that your agreement is in writing.  You can then file the Terms of Settlement with the court to keep them apprised of the situation.

Deciding where to file your claim is an important decision. A claim must be filed in the court office that satisfies any of the following criteria:

• • The court in the territorial division where the cause of action arose (i.e. where the event took place or problem occurred);
  • The court in the territorial division in which the defendant lives or carries on business (if there are several defendants, then it can be the court in the territorial division in which any one of them lives or carries on business); or
  • At the court’s place of sitting that is nearest to the place where the defendant lives or carries on business (if there are several defendants, then it can be the court nearest to the place in which any one of them lives or carries on business).

By any means if you are unsure of where to file your claim after reviewing the criteria, you can call the court house where you believe the claim should be filed and speak with the court clerk to confirm.

The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $35,000, excluding interest and costs such as court fees. This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants are involved. If the amount of your claim is more than $35,000, you can still proceed with Small Claims Court. However, you will have to forfeit the amount of money over $35,000, as well as any future right to get this money in any other court.

You cannot divide the amount of money you are claiming into separate cases. You cannot, for example, divide $40,000 into a $35,000 claim and a $5,000 claim in order to have the total amount dealt with in two cases.

Examples of claims that Small Claims Court handles include:

Claims for money owed under an agreement (liquidated):

• unpaid accounts for goods or services sold and delivered
• unpaid loans
• unpaid rent
• NSF cheques

Claims for damages (non-liquidated):

• property damage
• clothes damaged by a dry cleaner
• personal injuries
• breach of contract

Yes, you will be required to form a short, clear summary of the events that took place and the reasons you think you are entitled to judgment against the defendant.  It is very important to retain and attach any documents that you have to support your claim.  The more evidence you have the greater chance of success.

Examples of evidence that would help for a successful case include:

• Invoices
• Returned cheques
• Photographs pertaining to your matter
• Record of payments
• Email exchange

Remember, the other party is able to respond to your claim and may give evidence that will affect the judge’s view of your entitlement.

If you do not agree with the defendant’s payment offer or payment schedule you can request a terms-of-payment hearing in front of a judge to discuss the matter further.

At the terms-of-payment hearing the defendant must show how much they can afford to pay and when. The judge may order the defendant to pay sooner than the defendant wanted. The judge could also order the defendant to pay a different amount than what was offered.

Once the plaintiff is granted judgment, and the defendant (debtor) has not paid the money owing, the plaintiff can ask the court to hold a hearing about the defendant’s finances. This is called an examination hearing.  Although this hearing is not mandatory, it allows the plaintiff to get information about the defendant’s finances in order to collect. The plaintiff files a Notice of Examination form and an Affidavit for Enforcement Request with the court, and serves them on the debtor.

For debtors who are individuals, the plaintiff will have to serve the noted above documents together with a blank Financial Information Form. Upon completion by the defendant (debtor), they must give a copy to the plaintiff and the judge.

At the examination hearing the defendant will provide information regarding their employment, income, property, bank accounts, debts, expenses and reasons for not paying. Once this information is collected, the judge may order the debtor to make payments on certain dates.

If the debtor does not make the payments ordered, there are two options for trying to get the money:

1. Garnishment (e.g., bank accounts or wages)
2. Seizure and sale of personal property or land.

As the creditor you can request an Examination Hearing, whereas the Debtor will need to attend at the Small Claims Court to answer questions regarding their financial situation. The creditor can ask the Debtor questions about their employment, property, assets, or any land that they might own. An Examination Hearing is beneficial because it provides both the Court and the Creditor with information regarding the Debtor’s financial situation.

An individual or corporation may enforce an out of province judgment in the Ontario Small Claims Court per the Reciprocal Enforcement of Judgment Act. You must file a Notice of Motion and Supporting Affidavit to the court along with a certified copy of the Order from the originating Province. In the Affidavit you will need to explain how the process originated and proceeded through the system in the originating Province. You will need to explain how and when the opposing party was served with the Claim and whether they defended the action. After the Motion materials have been filed, the Ontario Small Claims Court will make an order regarding judgment.

• Example: You reside and have commenced an action in the Province of Alberta only to discover that the Defendant now resides in Ontario. You will need to obtain a certified copy of the Order from Alberta and complete and file a Notice of Motion & Supporting Affidavit with the Ontario Court where the Defendant resides or carries on business.

If a Plaintiff’s Claim has been filed within one Ontario jurisdiction but the Defendant is employed in another jurisdiction and you are looking to issue a garnishment, you will need to file a Certificate of Judgment. A Certificate of judgment must be issued by the originating court and filed in the new court where you are looking to enforce the judgment.

• Example: You commenced an action and obtained judgment within the jurisdiction of the Toronto Small Claims Court and now you are looking to serve a garnishment on the Debtor’s employer within the Jurisdiction of the Ottawa Small Claims Court, you will need to obtain a Certificate of Judgment.

Our firm works with different skip tracing companies who can help locate either the Debtor’s current employer, bank account, property, etc. The skip trace company would require as much information as possible, for example current or last known address, previous places of employment or previous banking institutions. With that information they will try to locate any active information on the Debtor so that you may proceed with your Enforcement options

If the debtor does not pay, you can have their assets seized.

To do this:

1. Fill out and bring to the court a Writ of Seizure and Sale of Personal Property form or Writ of Seizure and Sale of Land and Affidavit  for Enforcement Request.
2. The court will give you forms to take to the enforcement office.
3. Give the enforcement office details about the items you want taken and where to find them.
4. Payment of an enforcement fee and deposit need to be paid to the enforcement office to cover expenses.

The enforcement office will seize the assets or land and sell them at a public auction. The enforcement office will pay the amount received for the goods to the court. Part of this money will be used to pay the court back for costs like storing the goods and advertising the sale. You will receive the money that is left over, but not more than you are owed.

The court can order a debtor’s employer or financial institute (bank) to pay to you instead of to the debtor. This is called Garnishment. For example, if the debtor is employed and receiving wages from their employer or have money in their bank account, you can ask the court to have the debtor’s employer or financial institute to pay that money into court. The court will then hold the first payment for 30 days before the court clerk issues a cheque to you. A Notice of Garnishment remains in effect for six years from the court issued date. Before the expiration date if the debt amount is not paid in full, you can renew the Notice of Garnishment for an additional six years in order to collect.

If you receive judgment in your favour it does not guarantee that you will get money from the defendant. You may find yourself having to enforce the judgment. In order for you to collect, the individual or business must have one of the following:

1. Money (bank account)
2. Assets that can be sold (property/land or vehicle, etc.), or
3. A debt that is owed to them such as wages, rental income, accounts receivables etc.

It is best to acknowledge the financial status of the defendant before proceeding with a legal action, in doing so, it will give you a better understanding when it comes time to collecting any judgment received in your favour.

We often say that getting your judgment is only half the battle.  Collecting on your judgment can be difficult, especially if the Defendant is currently unemployed and/or does not own any property.  However, your judgment does not expire, but once it is over 6 years old you will require the courts permission to issue a garnishment.  These orders are generally granted, as long as you can show that you continuously attempted to locate the Defendant or their employment/assets on a continuing basis.  You don’t want it to look like you have abandoned the judgment at any time.

If you obtain a judgment in your favour, you may not be able to collect right away. You may have to enforce the judgment. In order for you to collect, the person/business must have one of the following:

• Money (bank account)
• Assets that can be sold (property/land or vehicle, etc.), or
• A debt owed to them, such a wages, rental income, accounts receivables, etc.

Keep in mind, you may have trouble collecting if the person/business is unemployed, filed for bankruptcy, no income, or owes other debts.

A paralegal is a trained professional who can assist you in a variety of legal matters.  A paralegal is licensed by the Law Society of Ontario, carries errors and omissions insurance and must follow a Professional Code of Conduct.

The application will be reviewed in the Complaints & Compliance department of the Law Society’s Client Service Centre. This department determines whether the issues disclosed are sufficiently serious to warrant further review by the Law Society’s Professional Regulation Division. In most years, between 40-50% of these applications do not require additional review and are promptly returned to the licensing process.

Applications that are transferred to the Professional Regulation Division are reviewed in the Intake & Resolution department. At this stage, any good character issues are either:

1. “cleared” on the basis that the issues disclosed do not require additional review and are not sufficiently serious so as to require investigation of the applicant’s character;
2. resolved by requesting additional information or clarification that allows the issue to be cleared; or
3. referred to the Investigations department for further review.

At this point, most licensing applications are either cleared or resolved and are returned to the licensing process

If further review in the Investigations department is necessary, the applicant will be notified in writing and will be provided with an explanation for the investigation.

If the good character investigation was initiated as a result of information that the Law Society received from a source other than the applicant, the applicant will be provided with details of that information.

The Investigations department may ask the applicant to provide additional factual information and reference letters, and the applicant will be given an opportunity to provide additional information or explanation about the issue. Third parties may be interviewed, if required. At the conclusion of an investigation, a determination will be made about whether the licensing application should be referred to a hearing, or whether the good character issue(s) should be cleared and the application returned to the licensing process. In making that decision, the Investigations department will consider the facts revealed by the investigation, whether the Law Society can prove the conduct in issue, and, if so, whether it is in the public interest to hold a hearing to explore the issue.

At the hearing, the Law Society bears the initial burden of proving that the conduct disclosed or alleged calls into question the plaintiff’s good character. It is then up to the applicant to prove that he is of good moral character.

The panel presiding over the hearing will consider the following factors in considering the applicant’s good character:

The nature and duration of the misconduct;

If the applicant has remorse;

What rehabilitation efforts, if any, have been undertaken, and with what results;

The applicant’s conduct since the misconduct;

The time that has elapsed since the misconduct.

Upon completion, the Trial Division will issue a written order to determine if the applicant is of good character and therefore eligible for a permit. Tribunal decisions are subject to the usual avenues of appeal.

The Law Society Act provides that a licence may only be refused after a hearing by the Hearing Division of the Law Society Tribunal.

In the licensing application, an applicant must answer questions that assist the Law Society in determining whether the applicant is of good character. These questions allow applicants to self-report conduct or circumstances that may raise issues about their character. Self-reporting includes providing full and detailed information about the issues and providing any supporting documentation.

If an applicant’s circumstances change after submitting an application, the applicant must immediately notify the Law Society’s Licensing and Accreditation Department to update the applicant’s answers to any of the good character questions, as necessary.

Answering yes to one or more of the good character questions does not necessarily mean that an applicant will be refused a licence.

When an applicant answers yes to one or more of the good character questions, the applicant’s application is reviewed in the good character review process.

To be licensed as a lawyer or a paralegal in Ontario, the Law Society Act requires that an applicant be of “good character.”  The good character requirement is ongoing, applying to applicants throughout their licensing term.

The good character requirement is intended to protect the public and maintain high ethical standards in the professions by ensuring that persons who are licensed as lawyers and paralegals show respect for the rule of law and the administration of justice and conduct themselves with honesty, integrity and candour.

The following is a list of documents that will help the Law Society consider your application with respect to any affirmative answer to one or more of the good character questions.

This list is offered as a guide only and you should contact Michelle Haigh to discuss the best way to respond when answering affirmative to one or more of the good character questions.

Questions about good morals	Supporting documents
Have you ever been convicted or sentenced for an offense under any law? Are you currently the subject of a criminal prosecution?	A certified copy of the following documents: The police information form, indictment or other charging document (usually available from the clerk of the court where your case was heard) Any provisional release form, promise to appear, surety bond, if applicable. All judgments, orders and reasons for decision rendered by the Court (available from the clerk of the court where your case was heard) Disclosure (evidence provided by the prosecution in accordance with its obligations), if available Police reports, if available Pre-sentence report or pre-sentence report, if applicable Pardons, if necessary Criminal record check
Has a judgment been rendered against you for a fraud offence? Are there any outstanding civil judgments against you? Did you disobey a court order to do or refrain from doing something?	Pleadings, including: Declaration Defense Questioned Counterclaim Complaint All judgments, orders and reasons for decision rendered by the court, including orders for costs
Have you ever been fired from a job where the employer alleged a motive?	Termination letter or dismissal documents from your employer Record of Employment (ROE) issued by Service Canada Any investigation report or other report prepared by or for your employer in relation to your conduct, if any
Have you been suspended, expelled, reprimanded or disciplined by a professional order of which you were a member? Have you been refused or withdrawn a license because of a breach of good character? Have you ever been refused admission as an applicant or member of a professional body?	Certificate of competence from the professional order Complaint, if any Disciplinary decision, if any Notice of suspension, disqualification, reprimand or other disciplinary action Decision to refuse or revoke permit Decision to refuse admission
While attending a post-secondary institution, were you ever the subject of any allegations of misconduct, or were you ever suspended or expelled from or penalized by a post-secondary institution for misconduct?	Complaint, if any Decision to suspend, expel or penalize you Notice of Decision to Suspend, Expel or Penalize You Certificate of Academic Achievement (official document obtained from the registrar of the educational institution stating the misconduct or penalty)
Are you currently the subject of a bankruptcy petition or assignment, or proposal to creditors under the Bankruptcy and Insolvency Act , or have you ever been a (e) bankrupt or an insolvent person, under any law?	Opinion of the “trustee in bankruptcy” Notice of release Conditional release, if applicable
Have you ever been disciplined by an employer, or been a respondent in proceedings, for a human rights violation?	Any investigation report or other report prepared by or for your employer relating to your conduct, if any. Any warning letter, letter of conduct or memorandum on file setting out the circumstances of the disciplinary action. All pleadings relating to human rights proceedings (such as request, response and reply) All judgments, orders and reasons for decision rendered by a court relating to your conduct. Signed consent to allow employer or former employer to provide disciplinary or procedural documents directly to the Law Society
Have you ever been disciplined or imposed a penalty by a court, tribunal or regulatory body?	All pleadings (declaration, defence, motions, responses and replies) All judgments, orders and reasons for decision by the court or regulatory body

If you do not respond to correspondence from the Law Society regarding your problem of good character, or if you do not provide the documents or information requested by the investigator assigned to your case within the prescribed time, your license application could be considered abandoned. You will not be able to make another claim unless you can demonstrate a material change in circumstances and only after a period of one year from the date your claim was deemed abandoned. 

Although not required, we strongly encourage you to hire a legal representative to help you when you are the subject of a good character investigation.

If you retain the services of a legal representative, you must still respond promptly to inquiries from the Law Society and continue to cooperate with the investigation.

Under s. 27(4) of the Law Society Act , an application for a license can only be refused after a hearing by the Law Society Tribunal, Trial Division. Therefore, at the end of the investigation, it will be determined whether your license application should proceed to a hearing or whether the issue(s) of good character should be considered and the application referred to the licensing process. profession.

The decision on how to handle your request is made on a case-by-case basis. However, the Investigations Department will consider the following:

The facts revealed by the investigation;

If the Law Society can prove the conduct in question;

Whether it is in the public interest to hold a hearing to consider the matter

While the Law Society of Ontario may issue your license, if they uncover or are informed of your past misconduct at a later date you will automatically be the subject of a good character investigation and most likely a good character hearing. It will be more difficult to defend yourself at this stage. The application process is a disclosure test and you are best to divulge all past misconduct upfront and address the same. We can assist you with the application process as well as any investigation or hearing.

It is better to always disclose and address any misconduct. If you omit something, even if in error, it appears that you may have deliberately misled the Law Society of Ontario. You may need to address more than the past conduct and explain why you answered questions in your application incorrectly. Sometimes the Law Society takes your failure to disclose more seriously than your past misconduct.

Some examples of potential events or conduct that you should disclose are:

• Past discipline from another regulator
• Dismissal from a previous job
• Criminal offences
• Past Judgments
• Bankruptcy or Consumer proposal

This list is not exhaustive and it is best to contact Michelle Haigh to discuss your specific situation

The earlier you contact us in the process, preferably prior to filing your application, the easier it is to mitigate the cost. Fees can range from $295 to ten thousand dollars depending on the situation and if the matter goes to a full hearing. We can discuss your options, costs and timeline at your free 30-minute consultation. Either way we are a fraction of the cost of a lawyer.

For claims filed before October 1, 2025, the Ontario Small Claims Court limit is $35,000. Beginning October 1, 2025, the limit increases to $50,000, allowing more substantial claims to be pursued in Small Claims Court instead of Superior Court.

If your claim is greater than $35,000 and you are not approaching a limitation deadline such as October 15, 2025, it may be strategic to wait until after October 1, 2025 to benefit from the new $50,000 limit. This can help you stay in Small Claims Court and avoid the higher costs and longer timelines of Superior Court. However, if you are approaching a limitation deadline you should seek legal advice on how best to handle it.

The higher $50,000 limit lets lenders bring larger claims in Small Claims Court rather than Superior Court. This reduces legal costs, speeds up the process, and provides more predictable outcomes. It also makes block-fee pricing easier, helping lenders plan recoveries at scale.

Block-fee pricing is where a paralegal offers a set fee for specific legal steps. With the new $50,000 limit as of October 1, 2025, more cases qualify for block-fee pricing. This gives lenders predictable costs, simpler budgeting, and better control over recovery expenses.

At Precision Paralegal Services, we believe in giving our corporate clients clarity, predictability, and value. That’s why we offer block fee pricing tailored to the type of matters you handle and the volume of files you manage each year. No hidden surprises, no hourly billing-just straightforward pricing so you know exactly what to expect.

Lenders should assess collectability, including employment status, home ownership, and available assets. They should also check the limitation period to ensure a claim is not time-barred and weigh whether the claim fits the new $50,000 limit in Ontario Small Claims Court as of October 1, 2025 for maximum efficiency.

Lenders sometimes write down a portion of a claim to bring it under the OntaSmall Claims Court limit. This strategy can lead to faster, more predictable recoveries and lower legal costs compared to Superior Court.

Contact Precision Paralegal Services to find out when it is appropriate to reduce your claim amount.

Ontario’s RSLA gives repairers and storers a legal lien over an article (commonly a vehicle or equipment) to secure unpaid repair or storage charges. A valid possessory lien allows the lien claimant to retain possession and, in some cases, sell the article if payment is not made. For lenders and lessors, the RSLA sets the ground rules for priority, release, and dispute resolution when collateral is held for charges.

Need a plan to recover collateral or resolve priority under the RSLA? Speak with Precision Paralegal Services: https://www.precisionparalegal.ca/consultation/

Any person or business that repairs, stores, or repairs and stores an article at the owner’s request (or the request of someone the owner is responsible for) may claim a lien for unpaid charges. This includes garages, tow and storage operators, and specialty repair facilities. The lien can be possessory while they hold the article or non‑possessory if properly registered after release.

Unsure whether a claimed lien is valid against your collateral? Get a fast eligibility check from Precision Paralegal Services: https://www.precisionparalegal.ca/consultation/

A possessory lien arises when a repairer or storer retains the article while charges remain unpaid. Maintaining continuous possession is critical because a valid possessory lien generally has enhanced priority against competing interests. If possession is surrendered before payment, the claimant may still preserve rights by registering a non‑possessory lien in the PPSR under the statutory framework.

Is possession driving priority against your PPSA interest? We map the fastest lawful route to release: https://www.precisionparalegal.ca/consultation/

A possessory lien endures while the lien claimant keeps lawful possession and the debt remains unpaid. If possession is given up, the claimant may preserve enforceability against third parties by promptly registering a non‑possessory claim for lien in the Personal Property Security Registration (PPSR) system. Timely action and proper paperwork are essential to avoid losing priority or enforceability.

Deadlines and registrations can flip leverage. Let us audit timelines and preserve your position: https://www.precisionparalegal.ca/consultation/

A Section 23 application asks the court to determine rights and obligations relating to the lien, including the amount owing and distribution of proceeds if a sale is in play. Lenders use it when they need a binding ruling on priority, amounts, or handling of the collateral. Smaller claims may proceed in Small Claims Court; complex or higher‑value matters go to the Superior Court of Justice.

Need a court ruling on lien amounts or priority? We prepare and file Section 23 applications end‑to‑end: https://www.precisionparalegal.ca/consultation/

Section 24 provides a focused process to dispute the reasonableness of repair or storage charges and to facilitate release of the article. The court may issue an initial certificate with conditions (e.g., security) and later a final certificate fixing the amount. Lenders commonly use Section 24 to challenge excessive fees and recover collateral promptly.

Challenging excessive charges or seeking release? We run Section 24 from evidence to final certificate: https://www.precisionparalegal.ca/consultation/

An initial certificate is an interim order allowing release upon conditions such as payment into court or posting a bond. It balances interests—permitting recovery of the asset while protecting the lien claimant’s position until the court fixes the final amount.

Need the asset back now without conceding charges? We pursue initial certificates tailored to your facts: https://www.precisionparalegal.ca/consultation/

Yes. Courts may allow release if the lender pays funds into court or posts an approved financial guarantee bond. Security preserves the lien claimant’s rights while stopping storage from accruing and returning the asset to service sooner.

We structure pay‑into‑court or bond options to stop storage accrual and unlock release quickly: https://www.precisionparalegal.ca/consultation/

Strong evidence includes written work orders and authorizations, itemized invoices, posted rate sheets, photos, tow slips, storage logs, proof of retrieval attempts, and market rate data. Discrepancies—like duplicate days, unauthorized work, or inflated rates—can materially reduce the award.

We assemble evidence bundles that target inflated charges and move the court‑approved numbers: https://www.precisionparalegal.ca/consultation/

If the dispute fits within the Small Claims Court monetary limit, Sections 23 and 24 applications can proceed there for speed and cost efficiency. Higher amounts or complex priority issues may belong in the Superior Court of Justice. Forum choice impacts timelines and leverage.

Pick the forum that saves time and money. We assess value and complexity to file in the right court: https://www.precisionparalegal.ca/consultation/

Courts consider contractual or posted rates, prevailing market rates, and statutory rules. Where the Towing and Storage Safety and Enforcement Act (TSSEA) applies, non‑compliance with its disclosure, rate, or licensing rules can reduce or disallow storage. Accrual may stop after a good‑faith retrieval attempt that is improperly refused.

We leverage TSSEA rules and market data to push rates down and cap accrual dates: https://www.precisionparalegal.ca/consultation/

A valid possessory repairer’s lien generally takes priority over prior PPSA security interests in the same article. Priority differs for non‑possessory claims, which depend on proper, timely PPSR registration. Knowing the lien type guides strategy.

Facing RSLA super‑priority over your PPSA interest? We plan recovery that minimizes payout exposure: https://www.precisionparalegal.ca/consultation/

Both are recognized under the RSLA, but details matter. A storer’s claim is scrutinized for authorization, lawful rates, and TSSEA compliance where applicable. Proper possession and compliance support strong rights; non‑compliance weakens claims.

Unsure a storer’s lien will stand up? We test authorization, rates, and TSSEA compliance to reduce exposure: https://www.precisionparalegal.ca/consultation/

After surrendering possession without payment, the claimant must promptly register a claim for lien in the PPSR to bind third parties. Delays can jeopardize priority and open defenses for lenders. Timely searches inform response options.

We watch registrations for timing defects and act quickly to contest stale or deficient claims: https://www.precisionparalegal.ca/consultation/

The RSLA imposes strict notice requirements-typically to the owner and known secured parties-before any sale. Notices must provide sufficient detail and a reasonable opportunity to pay or object. Non‑compliance can invalidate the process or alter distribution of proceeds.

Sale notices are challenge points. We review content and timing to protect your priority and proceeds: https://www.precisionparalegal.ca/consultation/

Following objections, the court may issue a final certificate fixing the lien amount and directing release or other relief. This order provides certainty on what is payable and often resolves related priority and distribution issues.

Need certainty on amount and release terms? We drive Section 24 matters through to final certificate: https://www.precisionparalegal.ca/consultation/

Yes. When TSSEA applies, operators must meet licensing, disclosure, documentation, and rate requirements. Missing disclosures, improper rates, or uncertified operators can reduce or defeat claimed storage under Section 24 review.

We audit TSSEA paperwork to cut inflated storage and strengthen your Section 24 position: https://www.precisionparalegal.ca/consultation/

Request invoices, work orders, rate sheets, photos, tow slips, and storage logs; send a written demand; check TSSEA compliance; and decide whether to negotiate, pay into court, post security, or file a Section 24 application. Early action limits accrual.

Speed is savings. We deploy a rapid response plan to stop accrual and secure release fast: https://www.precisionparalegal.ca/consultation/

Seek court directions-often under Section 23-on accounting, distribution, and validity of notices or charges. Defective sale procedures or unreasonable charges can be challenged to reallocate proceeds or pursue recovery.

Sale already occurred? We scrutinize procedure and pursue recovery or reallocation where defects exist: https://www.precisionparalegal.ca/consultation/

Generally, no. A valid possessory repairer’s lien under the RSLA usually outranks prior PPSA security. Lenders typically negotiate, post security, or bring Section 24 challenges to reduce payout and achieve release.

We help PPSA lenders mitigate RSLA super‑priority exposure via negotiation and Section 24 strategy: https://www.precisionparalegal.ca/consultation/

Engage quickly, attempt retrieval in good faith, document refusals, and consider a Section 24 application seeking release on security and a cap on storage. Where TSSEA applies, use rate and disclosure breaches to reduce accrual.

Contain storage now. We combine retrieval attempts with TSSEA challenges to lower payable amounts: https://www.precisionparalegal.ca/consultation/

Request written authorizations, work orders, itemized invoices, rate postings, tow slips, storage entry/exit logs, photos, and communications with the owner. These materials expose unauthorized work, duplicate billing, or inflated days-key to Section 24 success.

We request and analyze the right documents to build a strong Section 24 record: https://www.precisionparalegal.ca/consultation/

Yes. Paying into court or posting security under Section 24 can secure release without admitting the amount claimed. You can then litigate reasonableness, often with storage capped from the release date. Preserve objections in writing.

Secure release without conceding charges-ask us about pay‑into‑court and bond options: https://www.precisionparalegal.ca/consultation/

File a targeted Section 24 application for an initial certificate permitting release on terms-typically a bond or funds into court-while the dispute is decided. Coordinate logistics so the asset moves immediately upon order to avoid renewed storage.

We obtain orders for rapid release and manage pickup logistics to minimize downtime: https://www.precisionparalegal.ca/consultation/

Not necessarily. Non‑possessory claims depend on accurate and timely PPSR registration to bind third parties. Defects in registration, debtor names, or collateral details can undermine enforceability against lenders.

We scrutinize PPSR filings for defects that weaken non‑possessory lien claims: https://www.precisionparalegal.ca/consultation/

Leverage early demands, TSSEA objections, and proof of retrieval readiness to push for voluntary reductions. Offering security and prompt pickup can further limit accrual while preserving rights against future charges.

Practical first, aggressive when needed. We negotiate targeted reductions with court options in reserve: https://www.precisionparalegal.ca/consultation/

Under TSSEA, operators must be certified and provide mandated disclosures and itemized invoices. Gaps in licensing or paperwork often justify reduced rates or days under Section 24 scrutiny.

Paperwork gaps can be your advantage-we convert TSSEA non‑compliance into storage reductions: https://www.precisionparalegal.ca/consultation/

TSSEA sets province‑wide standards and permits municipal rules, including rate schedules for police‑requested tows or impounds. Charging above permitted rates or failing to post rates can lead courts to pare back amounts claimed under the RSLA.

We compare invoices to TSSEA and local by‑laws to bring charges down to permitted levels: https://www.precisionparalegal.ca/consultation/

Collect the operator’s TSSEA certificate, posted rates, consent forms, itemized invoices, and communications. Non‑compliance-missing disclosures, unposted rates, uncertified operators-supports significant reductions on a Section 24 review.

We build clear, chronological TSSEA evidence packages that move the court‑approved numbers: https://www.precisionparalegal.ca/consultation/

A documented attempt-arranging payment or security and scheduling pickup-can stop further storage accrual where TSSEA applies and release is improperly refused. Keep written proof of dates, times, and the terms offered; courts look closely at this record.

We document good‑faith retrieval to cap storage when release is improperly refused: https://www.precisionparalegal.ca/consultation/

Special rules may apply to impounded or detained vehicles. Regulations can limit chargeable storage, especially after a good‑faith retrieval attempt. Understanding which regime applies is key to reducing the payable amount.

Impound situations are different-let us apply the correct regulations to lower storage exposure: https://www.precisionparalegal.ca/consultation/

Storage usually stops accruing once the article is released under an order or after a good‑faith retrieval is improperly refused. If the asset remains in storage pending a decision, the court may cap accrual, require neutral storage, or impose other conditions.

We seek orders that cap or halt storage while the matter is decided to prevent cost creep: https://www.precisionparalegal.ca/consultation/

Prepare documents early, select the proper court, and line up logistics for immediate pickup upon order. Where appropriate, propose reasonable security to unlock release while the amount is adjudicated. A disciplined approach saves more in storage than the process costs.

Process wins-our sequenced filings and logistics get assets released faster and cheaper: https://www.precisionparalegal.ca/consultation/

Section 24 RSLA applications often require immediate certified funds to be deposited into court to obtain an initial certificate. Process servers handle multiple steps—drafting affidavits, arranging certified bank drafts, attending court counters—often on urgent timelines. This explains why their fees can exceed ordinary service costs.

We manage process servers and filing logistics to keep Section 24 costs predictable and efficient: https://www.precisionparalegal.ca/consultation/

To support a Section 24 RSLA application, PPSA lienholders arrange for a process server to draft the notice, attend the court clerk, deposit certified funds, and obtain receipts. A reliable process server ensures the court has funds to issue an initial certificate for vehicle or equipment release.

We coordinate every court and banking step so funds are deposited correctly for Section 24 relief: https://www.precisionparalegal.ca/consultation/

Section 24 filings can involve several court appearances—for initial certificate issuance, proof of security, and final certificate pickup. Each visit adds cost but ensures compliance with RSLA procedures and avoids rejection or delays.

Our team minimizes repeat court visits with precise Section 24 filings and documentation: https://www.precisionparalegal.ca/consultation/

Certified funds assure the court and the repair/storage claimant that payment is secured, allowing prompt issuance of an initial certificate. They help avoid disputes about payment validity and reduce delays in asset release.

We prepare and deposit certified funds so Section 24 applications proceed without delay: https://www.precisionparalegal.ca/consultation/

Timeframes vary by court and urgency, but process servers typically need one to three days to draft, file, and return proofs for an initial certificate. Accurate paperwork and early booking can shorten the turnaround.

We fast-track process server actions so Section 24 initial certificates are obtained promptly: https://www.precisionparalegal.ca/consultation/

Courts often require a cushion to cover storage charges that might accrue before final release. Adding extra funds prevents shortfalls that could delay issuance of an initial certificate or final order.

We calculate the right security amount to avoid last-minute funding gaps in Section 24 cases: https://www.precisionparalegal.ca/consultation/

If the deposit is insufficient, the court may refuse to issue the initial certificate or require a second deposit, causing costly delays. Accurate estimates and supporting documents help avoid this issue.

We ensure deposits are sufficient so Section 24 applications are never stalled for lack of funds: https://www.precisionparalegal.ca/consultation/

An objection can trigger a hearing to reassess security or charges. The lender must provide evidence supporting the deposited amount and challenge any inflated claims.

We represent PPSA lienholders at Section 24 objection hearings to uphold release terms and limit charges: https://www.precisionparalegal.ca/consultation/

Section 24 applications demand precision and tight deadlines. An experienced process server reduces risks of rejected filings, late deposits, or missed hearings.

Our trusted process servers keep Section 24 applications on time and on budget: https://www.precisionparalegal.ca/consultation/

Prepare certified funds early, confirm the court’s requirements, and hire a process server familiar with RSLA procedures. Advance planning shortens turnaround and prevents last-minute issues.

We plan every deposit step to ensure fast, delay-free Section 24 filings: https://www.precisionparalegal.ca/consultation/

When a garage refuses to release a financed vehicle without full payment, a PPSA lienholder can apply for a Section 24 initial certificate. By offering security into court and demonstrating a good-faith retrieval attempt, the lender can stop daily storage and get the car released while charges are disputed. Documented communications and rate comparisons strengthen the case.

Need fast vehicle release when faced with an RSLA lien? We can file Section 24 applications to get your car back quickly: https://www.precisionparalegal.ca/consultation/

If a storage operator ignores retrieval requests, a PPSA lender should send a formal demand and immediately prepare a Section 24 application. Courts can deem storage charges to stop accruing if good-faith attempts to retrieve are proven and the operator has refused release. Detailed records of every contact and visit are key to proving your case.

We help PPSA lenders cap storage charges and secure release of construction trailers through Section 24: https://www.precisionparalegal.ca/consultation/

For an inflated skid-steer repair invoice, a PPSA lienholder can request all work orders, parts invoices, and labor breakdowns. An expert assessment and Section 24 application can then challenge unauthorized or excessive charges. Courts often reduce amounts where repairs were not properly authorized or priced.

We challenge inflated heavy equipment repair invoices to reduce RSLA claims and protect your PPSA interest: https://www.precisionparalegal.ca/consultation/

Immediate legal pressure is key. PPSA lienholders should demand disclosure in writing and file a Section 24 application if refused. The court can order the tow company to provide the location and may suspend accruing storage fees until compliance. Such secrecy often violates the Towing and Storage Safety and Enforcement Act.

We force disclosure of hidden storage locations and stop excessive charges for financed equipment: https://www.precisionparalegal.ca/consultation/

Proof includes emails, texts, call logs, and couriered letters requesting pickup, along with any attempted site visits documented with photos or witness statements. These records demonstrate good-faith retrieval efforts under TSSEA and Section 24, stopping further storage accrual even if the vehicle was moved.

We build clear proof of retrieval attempts to halt storage and strengthen Section 24 claims: https://www.precisionparalegal.ca/consultation/

Seasonal equipment often sits unused for months, but PPSA lienholders don’t have to accept unlimited storage fees. A Section 24 application can cap charges to the reasonable period needed for assessment and notice. Market rates and documented retrieval efforts help reduce the payable amount.

We help lenders cap winter equipment storage costs with focused Section 24 applications: https://www.precisionparalegal.ca/consultation/

When a mobile crane is repaired without authorization, PPSA lienholders can challenge the validity of the lien. By showing lack of consent and filing under Section 24, the lender can seek immediate release and disallowance of unauthorized charges. Expert equipment reports add strength.

We contest unauthorized repairs on heavy equipment to void improper RSLA liens: https://www.precisionparalegal.ca/consultation/

If someone without authority orders repairs, the PPSA lender can argue the RSLA lien is invalid or limited to reasonable emergency work. Section 24 proceedings and proof of lack of authority help recover the vehicle without paying inflated costs.

We defend against RSLA liens created by unauthorized drivers or employees: https://www.precisionparalegal.ca/consultation/

Yes. Courts can direct that a disputed asset such as an excavator be moved to neutral storage to stop high daily charges. This often occurs as part of an initial certificate under Section 24 when justified by excessive rates or safety concerns.

We arrange neutral storage orders to protect valuable equipment and cut ongoing costs: https://www.precisionparalegal.ca/consultation/

A PPSA lienholder should request all TSSEA-required disclosures and invoices. Missing or inaccurate information can lead to substantial reductions or disallowance of charges under Section 24.

We find TSSEA gaps to lower storage bills on towed commercial trailers: https://www.precisionparalegal.ca/consultation/

When a vehicle or machine is moved between yards and charged multiple storage fees, a PPSA lienholder can demand detailed logs and invoices. Section 24 allows the court to strike duplicate charges and limit storage to a reasonable single period.

We dispute duplicate storage claims and recover overpayments for PPSA lenders: https://www.precisionparalegal.ca/consultation/

If a shop goes bankrupt, a PPSA lienholder should file a Section 23 application for directions and demand the trustee or landlord release the asset. Prompt court action protects priority and avoids unnecessary storage accrual.

We obtain court orders to recover equipment from bankrupt or closed repair shops: https://www.precisionparalegal.ca/consultation/

Key evidence includes proof the vehicle was ready earlier, communications offering pickup, and photos or mechanic statements confirming readiness. This supports a Section 24 application to limit charges to the reasonable storage period.

We collect the right evidence to cap charges when vehicles are kept longer than necessary: https://www.precisionparalegal.ca/consultation/

Section 24 allows a PPSA lender to demand a full labor breakdown and expert analysis. Courts frequently disallow vague or lump-sum labor bills, especially when unsupported by detailed work logs.

We challenge non-itemized labor charges to reduce RSLA lien amounts on construction equipment: https://www.precisionparalegal.ca/consultation/

Lenders can request itemized invoices, verify against TSSEA rate rules, and apply under Section 24 to reduce or disallow excessive recovery fees. Quick legal action limits ongoing storage costs.

We fight excessive heavy recovery fees and cut inflated RSLA charges: https://www.precisionparalegal.ca/consultation/

Request all proof of service, mailing receipts, and affidavits of service. If notices were missed or incomplete, a Section 23 application can challenge the sale or distribution of proceeds.

We ensure RSLA sale notices are properly served and challenge defective service to protect PPSA interests: https://www.precisionparalegal.ca/consultation/

The PPSA lender can bring an urgent Section 23 application to halt the sale and seek costs. Proof of premature sale activity helps the court order immediate relief and preserve the lender’s priority.

We stop premature RSLA sales and secure immediate court protection for PPSA lenders: https://www.precisionparalegal.ca/consultation/

Multiple liens can create competing claims and confusion over charges. A Section 23 application allows the court to sort priorities and ensure only valid, non-duplicated charges are paid.

We resolve competing RSLA liens efficiently to protect PPSA lender interests: https://www.precisionparalegal.ca/consultation/

When storage rates exceed local limits, PPSA lienholders can cite municipal by-laws and TSSEA rules to have the charges reduced. An expert affidavit on permitted rates strengthens the application.

We use municipal rate caps and TSSEA rules to lower excessive storage charges on large machinery: https://www.precisionparalegal.ca/consultation/

Section 23 and Section 24 of the RSLA both deal with liens on vehicles or equipment, but they apply at different stages and serve different purposes.

Under Ontario’s Repair and Storage Liens Act:

Section 23 — Determination of rights by the court
This is used when there is a question about any party’s rights under the Act — for example, whether a lien is valid, how much the lien is worth, whether a lien holder has registered a non-possessory lien, or how proceeds from a sale should be distributed. Any person affected by those questions can bring a Section 23 application.

Section 24 — Return of article when dispute
This is specifically for situations where the lien claimant holds possession of the article and refuses to surrender it, and the owner (or someone lawfully entitled) disputes the lien or its amount or quality of repair, etc. Under Section 24, the disputing party pays the claimed amount (or security) into court, obtains an initial certificate, which forces release of the article unless there is an objection, then a final certificate, and ultimately the lien shifts to the money in court, rather than hanging over the article itself.

In short: Section 24 is the mechanism to get your article back when there is a dispute. Section 23 is the broader tool to have the court determine rights, amounts, or purposes under the lien law.

Contact us to discuss the right strategy for your case.