Top 6 Mistakes Self-Reps Make When Heading to Small Claims Court

Taking (Legal) Matters Into Your Own Hands

By Victoria Mlynarczyk

 When making the decision to self represent in your small claims matter there are a few mistakes one should steer clear of:

1. Shutting oneself off to alternatives


Prior to trial you will be given an opportunity to argue your case at the Settlement Conference. Contrary to popular belief being open to settlement is not a sign of weakness. Realistically, and most often by settling the matter before it goes to trial you are avoiding additional costs – especially if the other party is represented – and the complexities of going to trial not to mention the potential risk of “losing”.

2. Being unprepared

a. Preparedness is key! Not having relevant evidence, failing to identify certain deadlines and dates and making mistakes on court forms can impact your case and can result in the claim being thrown out altogether.

3. Deciding against using a lawyer/paralegal

Be it through independent legal advice or representing you from start to finish, seeking the advice and guidance of legal counsel is always advisable and a good decision to make, especially for “first-timers”. A lawyer or paralegal will be able to advise you accordingly on what to expect going forward with your matter and whether you have a strong case.

4. Underestimating your opponent

Your opponent’s perspectives should always be considered. Making the mistake of not seeing the matter through the eyes of your opponent can result in gaps in your argument. It is best to be prepared in this case, cover all your bases, and defend yourself from all angles.

5. Having the wrong approach

Attitude is always important! Losing your head in court, being vindictive or spiteful and pursuing small claims action to prove a point or for emotionally driven reasons are a recipe for disaster and you may be disappointed with the conclusion. One should always behave respectfully and courteously in and outside of the courtroom.

6. Expecting the wrong remedy

Please be advised that the maximum damages that can be awarded are $35,000.00. That does not mean it is guaranteed. One should be aware of what cannot be awarded and what claims are compensable from Small Claims Court. Finally, make sure that you are seeking the right remedies.

The ministry of the attorney general has made available to the public numerous guides to small claims court. These guides are available at any court office they can also be accessed via the following link: https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/.

Should you want legal advice about your matter you may contact our firm and our team of professionals will be pleased to assist you.

Email victoria at malickisanchezlaw dot com

 About the author:
Victoria is a licensed paralegal with experience representing and assisting clients in landlord and tenant board matters and civil litigation.