Skip to main content

Are There Different Levels of Monetary Jurisdiction in the Courts?

April 13, 2011 / Category: Frequently Asked Questions

In any litigation, generally the winning side pays the party and party costs (in other words, partial costs) of the losing side.   For example, if the Judgment is in your favour, then the defendant will have to pay your assessed damages, but also a part of your legal fees; and vice versa. Therefore, if the Judgment is not in your favour, then you will have to be responsible to pay part of the costs of defendant’s lawyers.

Besides the costs consequences which are triggered by winning/losing, or a formal offer there are certain Rules under The Ontario Rules of Civil Procedure that can also affect payment of costs.

A Statement of Claim can be filed at various levels, depending upon the monetary value of the Claim:

  • If a Claim is less than $25,000.00 then it has to be filed with the Small Claims Court.
  • If a Claim is more than $25,000.00 but less than $100,000.00 then the Claim has to be filed under Rule 76 Simplified Procedure of the Civil Procedure with the Superior Court of Justice.
  • If a Claim is more than $100,000.00 then it has to be filed with the Superior Court of Justice.

If, for example, a Claim is not filed under Rule 76 and the eventual Judgment is less than $100,000.00 then there may be significant costs consequences.  In some instances, even if the plaintiff has a Judgment in their favour (that is $65,000 which is less than $100,000), they could end up paying the legal costs of the other side.

There are advantages and disadvantages to proceeding in each of the 3 monetary levels above.  It is very case specific and dependant on the facts of your case. You do not want to bring a court case that limits your claim to $100,000 if there is a reasonable chance you could receive more.  Likewise you do not want to bring a claim above $100,000 if there is a reasonable chance that such recovery will not occur.

It is essential that you call Malhotra, Stayshyn and Associates to have a free consultation with our personal injury legal team of lawyers today so that we may help guide you through the many mine fields that an injured victim will face in any injury case.

The information and resources presented are for informative purposes only. The information is provided as a general reference work as a public service. The reader is advised to check for changes to current law and to consult with a qualified personal injury lawyer on any legal issue. The use of this material does not create a lawyer-client relationship.  Because the information is prepared for a general audience, without investigation into the facts of each particular case, it is not legal advice. The thoughts and commentary about the law is provided by Malhotra, Stayshyn and Associates (Stayshyn Law Offices) as a service to the community, and does not constitute solicitation or provision of legal advice. Stayshyn Law Offices make no warranties and disclaim liability for damages resulting from its use. Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, so nothing provided, should be used as a substitute for the advice of competent counsel.