Winning Strategies: Your Best Likelihood of Success Within a Small Claims Court Case

Question: How can a paralegal help me prepare for an Ontario Small Claims Court case?

Answer: W.J. Roy Paralegal Services provides Ontario paralegal services that can help you understand Small Claims Court procedures, complete and file the right forms, organize evidence and disclosure on time, prepare witness questions and trial checklists, and represent you in court where permitted.  Getting help early can reduce costly mistakes and improve your readiness for settlement conferences, motions, and trial.

Prepare Your Best Case For Success Within Small Claims Court

A lawsuit in Small Claims Court is conducted much differently than as portrayed on television court shows such as Judge Judy. Instead, and very similar to civil litigation cases proceeding within the higher court, proceedings within the Small Claims Court do involve the formalities of procedural rules and the genuine application of law. With this said, the strict nature of compliance with procedural rules is somewhat relaxed for laypeople; however, the process can still be very daunting for a layperson.

For Your Best Likelihood to Succeed in Small Claims Court Be Sure:

• To learn the proper procedures as per the Rules of the Small Claims Court including the requirements for preparing official forms and the various rules regarding the disclosure of evidence documents, among various other concerns;
• To learn the rules of civility and the formal conduct required so to present oneself with the decorum expected including when to stand for the Judge, when to bow for the Judge, what to wear in court, among other things;
• To avoid believing that a Small Claims Court case will be simplistic in both the procedural rules as well as in the law applicable to the issues in dispute;
• To know the substantive law applicable to the case meaning the law specific to the relevant legal issues;
• To obtain the best quality evidence, such as an expert witness report, among other things, as may be applicable, as proof of the facts that must be established as per the law specific to the relevant legal issues;
• To ensure that all necessary witnesses will be prepared and in attendance and to ensure attendance by issuing a Summons to any witnesses that may be hesitant (which may be important even if the witness promises to attend);
• To prepare a thorough checklist and worksheet for use at Trial so to help ensure that all critical witness questions are asked and that all evidence documents are presented;
• To learn as much as possible about the opposing parties in the case including personality characteristics that may be strengths to take heed of or weaknesses to make benefit of.
• To stay unemotional and thereby able to remain focused on presenting the facts and avoiding of unnecessary drama; and
• To carefully consider experienced professional representation for assistance in organizing and preparing and as your advocate in the courtroom.

Carefully Research the Applicable Principles

For an understanding of the law applicable to your specific legal issue, this W.J. Roy Paralegal Services website may be a very helpful and useful resource.  Also, when researching the law, including statutes and precedent case decisions, the Canadian Legal Information Institute (CanLII) website provides thousands upon thousand of webpages containing legal information that addresses almost any issue.

Conclusion

For your best chance of winning in a Small Claims Court case, avoid the presumption that legal issues are treated without formality and instead appreciate that the Small Claims Court does require the following of procedural rules and the applicable law. Legal issues, and case decisions, are based upon a genuine review of the relevant evidence as both the submitted documents and spoken testimony of witnesses. It should be recognized that the procedural law as well as the substantive law applicable to the specific case issues may be, and likely are, significantly sophisticated. Of course, as in all matters, the best chance for success comes to those who are knowledgeable, are organized, are prepared, and are therefore ready for court.