Winning Strategies:

Question:How can a paralegal help me prepare a stronger Small Claims Court case in Canada?

Answer:A paralegal at DK Legal Practice can help you organize your evidence, meet Small Claims Court procedural requirements for forms and document disclosure, identify the substantive law that applies to your issue, prepare trial checklists for the key questions to ask witnesses, and reduce avoidable mistakes like being unprepared or staying unfocused during testimony.  If you have witnesses, they can help you plan their attendance and, where needed, prepare materials so you can issue summonses reliably.  For a practical case prep plan tailored to your claim, call (416) 906-6663.

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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, a Small Claims Court case is conducted with formal procedural rules and a formal manner of applying the law. With this said, the strict nature of compliance with procedural rules is somewhat relaxed for laypeople; however, the Small Claims Court process can still be quite daunting for a legally inexperienced layperson.

Note: Please contact DK Legal Practice by phone at: (416) 906-6663 to discuss any specific questions that you may have.

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

• To learn the procedural law known as the Rules of the Small Claims Court including the proper way to complete the various official forms, the rules regarding evidence disclosure deadlines, among other things;
• 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 DK Legal Practice 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 the best likelihood of success in Small Claims Court, avoid presuming simplicity or informality. The Small Claims Court is a genuine legal forum with a high level of formality and decorum. Both the procedures, and thus procedural law, as well as the specific legal issues, and thus the substantive law, hold significant sophistication despite perception that Small Claims Court may be otherwise. Ultimately, for the best likelihood of a positive result, be knowledgeable, be organized, be prepared, and be ready.