Frequently Asked Questions

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 v…

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 s…

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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 prio…

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.

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.

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?

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…

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 fi…

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 mo…

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.

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…

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…

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…

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 essenti…

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 li…

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 pro…

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, releas…

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.

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 confrontati…

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 defa…

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 per…

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 w…

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…

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…

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 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…

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.

Process-server fees are commercial charges, not amounts fixed by the Small Claims Court rules. The price depends on location, urgency, document type, number of parties and attempts required. Obtain a current written quote that states the included attempts, travel charges, rush fees and affidavit-of-service cost.

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…

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…

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 yo…

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 lega…

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…

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 flo…

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…

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…

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.

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 mun…

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 in…

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…

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, ap…

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 fractio…

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

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 a…

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…

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 pr…

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 t…

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 qu…

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 demons…

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 applicati…

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…

The time it takes to investigate a claimant’s reputation depends on the nature and complexity of the problem disclosed or alleged. Staff involved in the good character review process are aware of licensing dates and timelines, and every effort is made to ensure that an applicant’s licensing is not delayed or postponed. Responding promptly and completely t…

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 additiona…

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: “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; re…

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 det…

An out-of-province judgment is not automatically enforceable in Ontario. A creditor must determine whether it can be registered under Ontario's Reciprocal Enforcement of Judgments Act, whether the originating jurisdiction is reciprocating, which Ontario court has jurisdiction, whether notice is required, and whether the six-year registration period and st…

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.…

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 l…

If the debtor does not pay, you can have their assets seized. To do this: 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 . The court will give you forms to take to the enforcement office. Give the enforcement office details about the items you w…

The court can order a debtor’s employer or financial institution (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 institution to pay that money into c…

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: Money (bank account) Assets that can be sold (property/land or vehicle, etc.), or A debt that is owed to them…

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 court's permission to issue a garnishment. These orders are general…

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,…

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 bu…

As of October 1, 2025, the Ontario 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 $50,000, 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 defenda…

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…

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 basica…

As of October 1, 2025, the Ontario Small Claims Court can hear claims for money or the return of property valued at $50,000 or less, excluding interest and costs - up from the previous $35,000 limit. Read our breakdown of what the new $50,000 limit means for lenders . In Alberta Court of Justice Civil the monetary jurisdiction is $100,000. 00 and in Briti…

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…

Remove this legacy FAQ unless a current rule supporting the $3,500 threshold is identified. Small Claims Court procedure should be described using the current Rules, without implying that a judge will decide a defended claim at a settlement conference solely because it is below this amount.

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 g…

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 conferen…

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 sh…

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

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.

Ontario's Small Claims Court limit is now $50,000 for claims commenced on or after October 1, 2025, excluding interest and costs. The former decision about waiting for the increase is obsolete. A lender should instead assess the current limit, the applicable limitation period, collectability, venue and whether reducing a larger claim is commercially sensi…

Ontario's Small Claims Court may hear claims for money or the recovery of personal property valued at up to $50,000, excluding interest and costs, for proceedings commenced on or after October 1, 2025. Older proceedings may be governed by the limit in force when they were started.

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 No…

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 Defen…

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.

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.

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 proportiona…

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…

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…

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…

Ontario Small Claims Court trials may last from a few hours to several days depending on the number of issues, witnesses, documents, experts and procedural disputes. The current monetary limit is $50,000 for proceedings commenced on or after October 1, 2025. Businesses should budget for both preparation time and the possibility of an adjournment or multi-…

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 t…

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…

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…

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 Plaint…

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.

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…

In Ontario, a paralegal who provides legal services must be licensed by the Law Society of Ontario, maintain required insurance and follow applicable professional-conduct rules. Alberta and British Columbia do not use the same Ontario licensing model, so the authority to provide services and appear in court must be assessed under each province's rules and…

If a defendant has not filed a Defence within the prescribed time, a plaintiff may ask the clerk to note the defendant in default. The available route to judgment then depends on whether the claim is for a liquidated amount or requires an assessment of damages. Current forms, service proof and Rule 11 requirements should be confirmed before filing.

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 ( ) 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…