Areas of Focus: Types of Issues Handled

Question: What types of civil disputes can be litigated in Ontario Small Claims Court, and how do I know if my issue qualifies?

Answer: In Ontario, common litigated issues in Small Claims Court include breached contracts, unpaid debts and liens, construction and renovation disputes, consumer protection complaints, insurance coverage denials, occupier liability (such as slip and falls), realty-related disputes, and other tortious wrongdoing, but eligibility depends on the remedy you seek and the court’s monetary limit.   Pollock Paralegal provides Ontario paralegal services to help you identify the legal issue category, gather the key documents and evidence, and choose the most efficient procedure before a court or tribunal.

Understanding the Types of Issues/Wrongdoings that May Be Litigated

The body of law is much too large for any individual person to ever know in full.  Indeed, even highly experienced judges with decades of experience will be without full knowledge of the law and are therefore, usually, assigned to handle a narrow focus of cases that are within areas of law that are familiar to the judge.  Even so, judges will routinely expect representatives for the parties to perform precedent research and then provide submissions and present argument based upon the findings of that research.

“... I include myself among those who had never heard of the tort of barratry ...”
~ C.A. Osborne A.C.J.O.
McIntyre Estate v. Ontario, 2001 CanLII 7972 (ON CA)

It is common for adjudicators to be assigned matters within defined subject areas based on experience and familiarity with the issues that most often arise in those proceedings.  In a similar way, legal practitioners tend to focus their work within particular practice areas that align with the types of disputes they most frequently handle across courts, tribunals, and other decision making bodies.  While every case turns on its own facts, legal systems have developed over centuries, and truly novel legal issues are relatively uncommon, meaning established legal principles and precedent will usually exist to guide the analysis and outcome.  Engaging representation that is closely aligned with the specific issues in dispute can improve strategic focus, enhance the quality of legal research and argument, promote procedural efficiency, reduce unnecessary costs, and strengthen the overall likelihood of a well-reasoned and favourable result.