There are various disputes where an individual can file a claim to obtain a judgement as a remedy in the Small Claims Court (“the Court”) pursuant to the O. Reg. 258/98: Rules of The Small Claims Court. This section explains frequent conflicts that individuals can seek a remedy by filing a claim with the Court.
UNPAID LOANS/ INVOICES
When a person is involved in a situation that requires finances, especially unexpected expenses, the situation can be stressful. Specifically, individuals obtain loans from friends, families, banks, and other various institutions. When the lender does not receive the money back, the lender experiences financial hardship and unnecessary stress. Filling a claim with the Court, allows an affected party to advocate on behalf of their interests, and if successful can obtain a judgement to reinstate the lender back in the position they were.
CONSTRUCTION / RENOVATION DISPUTES
It is a common practice for individuals to hire a contractor to provide various services. Sometimes, the offered services do not meet their client’s expectations, which leads to a discrepancy in what was agreed in the contract. One party may breach the agreement leading to a stressful dispute. In either scenario, paralegals can assist the party to resolve contract disputes. Specifically, by filing a claim with the Court, an affected party can obtain a judgement through strong advocacy to reinstate the affected party back to the original position they were before the contract breach.
WRONGFUL DISMISSAL
Wrongful dismissal is when an individual’s employment is terminated, and the termination has breached an employee’s rights. Every individual that is dismissed without cause is entitled to a reasonable and fair severance package. Individuals that have been terminated without cause and who did not receive a fair and reasonable severance package are entitled to protect their interests. Remedies are available and can be obtained by filing a claim with the Court. Small Claims Court proceedings are very complex, detailed, and have rules in place. It is highly advised that employees work with paralegals to understand their rights and responsibilities.
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