So far, the e-filing service is only
available to parties who are initiating claims (defendants cannot
respond to a claim online), and only where the claimed amount is
not in dispute. Claims that are eligible for e-filing include those
where there is a contract of $25,000 or less, such as unpaid
invoices, loans, credit card debt and overdue rent. Claims for
amounts in dispute, such as claims related to personal injury,
cannot be filed online at this time.
There are two options to file a claim
'Filing Wizard' guides those unfamiliar with
filing a claim through the process of submitting court documents
and paying court filing fees. This option is helpful for
'Quick File' gives legal professionals and
others who frequently file small claims the option of uploading
already completed forms.
Users must create a "ONe-key ID" to login to the online
service. Within a few days of filing the claim online, the
plaintiff will be emailed the court-issued copy for service.
If a defence is not filed within 20
days of service, the plaintiff can file a Default Judgment form
online. If the defendant does file a defence, the normal small
claims procedures will follow: the court will generate a date for a
settlement conference. Plaintiffs will need to file hard copies of
the claim and affidavit of service at the relevant court office at
least 14 days before the scheduled settlement conference.
The fees charged to file online are the
same as those charged to file in person.
The small claims court e-filing pilot launched in August 2014 at
small claims courts in Brampton, Oshawa, Ottawa and Richmond Hill.
The pilot was expanded to the Toronto small claims court in March
2015. Since the pilot launched, more than 2,000 claims have been
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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A recent decision of the Ontario Court
of Appeal, D'Onofrio v. Advantage
Car & Truck Rentals Ltd., 2017 ONCA 5,
asks whether a party who takes "no
position" on a summary judgment
motion is later bound by the motion
judge's findings in the ongoing
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