Small Claims Court Strategy & Lawyer Representation

Small Claims Court Strategy & Lawyer Representation Clear, step‑by‑step guides for navigating Ontario Small Claims Court, Superior Court actions. www.smallclaimslawyer.ca

Learn how to file claims, defend lawsuits, prepare evidence, bring motions, attend settlement conferences, and appeal judgments.

Deputy Judge Janis Criger offers practical, experience‑based guidance on how litigants—especially self‑represented ones—...
01/16/2026

Deputy Judge Janis Criger offers practical, experience‑based guidance on how litigants—especially self‑represented ones—should approach opening statements in Small Claims Court. She emphasizes that openings are often misunderstood, and many people entering Small Claims Court for the first time don’t realize how limited and focused an opening should be. The video is part of a broader educational series designed to demystify the Small Claims Court trial process and help both new advocates and ordinary people navigate Small Claims Court more confidently. www.smallclaimslawyer.ca

Judge Criger begins by explaining that an opening statement in Small Claims Court is not the place to tell your full story. That happens later, from the witness stand, under oath. In Small Claims Court, the opening is simply a short, direct explanation of why you are there. She recommends what she calls the “25‑words‑or‑less” approach for self‑represented litigants: a concise statement that identifies the core issue without argument, narrative, or evidence.

She gives an example: if someone owes you money and hasn’t paid, your Small Claims Court opening might be as simple as: “I sued because the defendant owes me money and hasn’t paid.” That’s it. No documents, no background, no storytelling. The judge stresses that this minimalism is not only acceptable but ideal in Small Claims Court, because the real evidence comes later when you testify. www.smallclaimslawyer.ca

Judge Criger contrasts this with how lawyers or paralegals sometimes open in Small Claims Court, occasionally previewing the evidence they intend to call. While this is permitted, she notes it is rarely necessary. The judge reiterates that the purpose of an opening in Small Claims Court is not to persuade through evidence but to orient the court to the dispute. www.smallclaimslawyer.ca

A key point she highlights—one that surprises many litigants—is that opening statements in Small Claims Court are not evidence. They are not given under oath, and the judge cannot rely on anything said in an opening as proof. This is why the opening should be simple and factual: it frames the case without attempting to prove it. www.smallclaimslawyer.ca

The video closes with Judge Criger reinforcing that the best openings in Small Claims Court are short, clear, and focused on the reason for the claim. Whether you are a lawyer, paralegal, or self‑represented litigant, the goal is the same: help the judge understand, in one sentence, what the Small Claims Court case is about before the real evidence begins. www.smallclaimslawyer.ca

https://www.youtube.com/watch?v=A2aob1yfAPM

We are fully licensed lawyers with decades of experience before Small Claims Court, Superior Court of Justice, Divisional Court and Ontario Court of Appeal. The majority of cases involve commercial and business disputes, real estate and property law and debtor-creditor law.

https://youtu.be/jiWsMIyK-2Q?si=sdh6_Hm8WE7U0R9fWhat Really Happens at a Small Claims Trial: Insights from Deputy Judge ...
12/31/2025

https://youtu.be/jiWsMIyK-2Q?si=sdh6_Hm8WE7U0R9f

What Really Happens at a Small Claims Trial: Insights from Deputy Judge Janis Criger, President of Deputy Judges' Association.
If you’ve ever wondered what actually happens inside an Ontario Small Claims Court trial, Deputy Judge Janis Criger offers one of the clearest explanations you’ll find. With nearly 40 years in the legal profession and over two decades on the bench, she breaks down the trial process in a way that’s accessible, practical, and reassuring—especially for people representing themselves.

A Trial Is a “Stylized Dispute”
Judge Criger describes a trial as a structured, orderly process where each side takes turns presenting their story. Unlike everyday arguments where people talk over each other, the courtroom is designed to ensure fairness and clarity. The judge guides the flow: when to open, when to present evidence, and when to close.

How Evidence Is Presented
The plaintiff testifies first, explaining what happened and introducing documents as exhibits. The defendant then cross‑examines. After that, the roles reverse. This back‑and‑forth ensures that every piece of evidence is tested before the judge considers it.https://youtu.be/jiWsMIyK-2Q?si=sdh6_Hm8WE7U0R9f

If you need a Small Claims Court Lawyer or appealing your Small Claims Court Decision in Ontario, please contact www.smallclaimslawyer.ca (Small Claims and Appeal Lawyer Guidelines and Practice) to schedule a consultation to review your case.

This is part 1 of a very special series, an interview with Deputy Judge Janis Criger. In this first video, Heather Hui-Litwin asks Justice Criger to explain ...

Small Claims Jurisdiction, Limitation Periods and Procedure.1. Small Claims Court Jurisdiction.Ontario’s Small Claims Co...
12/23/2025

Small Claims Jurisdiction, Limitation Periods and Procedure.
1. Small Claims Court Jurisdiction.
Ontario’s Small Claims Court operates under the Courts of Justice Act and the Rules of the Small Claims Court. The court has jurisdiction over claims for money and the recovery of personal property up to $50,000 (as of October 1, 2025). Territorial jurisdiction (Rule 6) generally requires starting the action in the county where the defendant resides or carries on business, unless the plaintiff files an Affidavit of Jurisdiction establishing that the events are sufficiently connected to Ontario. The deputy judges often dismiss the claim for lack of jurisdiction, because of exclusive jurisdiction of administrative tribunals, such as the Landlord and Tenant Board, to hear certain disputes. Claims in excess of $50,000, or applications seeking declaratory relief or determination of an interest in land, must be brought in the Superior Court of Justice. The claims of under $200,000 proceed under Superior Court simplified procedure designed to lower the legal costs and time to adjudicate the disputes.
2. Limitation Periods.
Limitation periods apply equally to Small Claims Court actions, most commonly the two‑year basic limitation period since discovery of the the claim under the Limitations Act, 2002. The two-year limitation period is subject to longer or shorter limitation periods imposed by other legislation (and case law addressing limitation periods, equitable set-offs, estoppels, laches, etc.). A plaintiff must issue the Plaintiff’s Claim (Form 7A) or Defendant's Claim (Form 10A) within the applicable limitation period and then serve it in accordance with the service of documents rules. Failure to commence the action within the limitation period may bar the claim entirely, regardless of its merits.
3. Small Claims Court Procedure.
The process begins with filing and serving a Plaintiff’s Claim, after which the defendant has 20 days to file a Defence (Form 9A). When no Defence is filed, the plaintiff may seek default judgment. If a Defence is filed, the court schedules a Settlement Conference, a mandatory step designed to narrow issues, encourage resolution, and ensure the case is ready for trial. In case the matter does not settle, the trial judge hears evidence, applies the rules of evidence, and issues judgment. Post‑judgment steps may include enforcement or, where permitted, an appeal to the Divisional Court.
4. Do I Need a Lawyer or should I go self-represented?
With raise of monetary jurisdiction to $50,000, Small Claims Court tends to employ more strict and adversarial procedure and requires knowledge of legal elements of claims and defences, trial procedure, and the rules of evidence. Legal cost awards can reach $15,000 or more, meaning the successful party may recover most of their legal expenses. It does make practical sense to self-represent in minor claims or where a party has legal training or court experience. However, even self‑represented litigants are strongly encouraged to seek at least a consultation on procedural and jurisdictional issues, the legal sufficiency of their claim or defence, and their strategy for the settlement conference and trial.

We are fully licensed lawyers with decades of experience before Small Claims Court, Superior Court of Justice, Divisional Court and Ontario Court of Appeal. The majority of cases involve commercial and business disputes, real estate and property law and debtor-creditor law.

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514-10 Northtown Way
Toronto, ON
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