SMALL CLAIMS
Small Claims Court can handle actions for the payment of money or the recovery of personal property where the amount in dispute does not exceed $35,000.00, excluding interest and costs such as court fees. This limit applies to the total value of the goods or claims sought by the plaintiff, regardless of the number of defendants. If your claim exceeds $35,000.00, you may still file a claim in Small Claims Court, but you cannot split the claim into multiple cases to stay within the limit.
Examples of claims that Small Claims Court handles include:
Claims for damages (non-liquidated):
In Ontario Small Claims Court, you can pursue claims of up to $35,000.00.
A limitation period defines the time frame within which you must make a claim. The general rule is that you have two years from the date when the claim was "discovered" to initiate legal action.
For simple unpaid debts, the limitation period typically begins on the date of the last payment or the date of the invoice.
For claims involving events or damages beyond a simple unpaid debt, the limitation period generally starts from the date of the event or when you first became aware of potential damages. This determination can be subjective, so you may wish to further research the specifics of limitation periods relevant to your case.
If you are negotiating with the opposing party and are nearing your limitation date, it may be prudent to issue a claim to preserve your right to pursue legal action. You do not need to serve the claim if you reach a settlement with the opposing party. Additionally, issuing a claim can help protect your limitation period even if you cannot confirm the opposing party's address for service or if they are currently unable to pay the debt but may be able to do so in the future.
Receiving a judgment in your favor does not automatically guarantee that you will collect money from the defendant. You may need to take additional steps to enforce the judgment. To successfully collect, the individual or business must have one or more of the following:
It is advisable to assess the financial status of the defendant before initiating legal action. This will provide you with a clearer understanding of the potential challenges in collecting any judgment awarded in your favor.
A claim must be filed in the court office that meets one of the following criteria:
If you are uncertain about where to file your claim after reviewing the criteria, you can contact the courthouse where you believe the claim should be filed and speak with the court clerk to confirm the appropriate location.
Once your claim is issued, you have a specific time period to serve it. In Ontario, you must serve your claim within 6 months. If you are unable to serve the claim within this time frame, you will need to file a motion or application to request an extension for the time to serve the claim.
The timeline for resolving a lawsuit can vary based on how the other party responds and how promptly the court schedules hearings. Generally, from filing a claim and serving it, to waiting for a defense, proceeding to a settlement conference, and potentially going to trial, the process in many Small Claims Courts in Ontario may take approximately nine months to a year.
The answer is YES.
The parties can also resolve the case through informal negotiations outside of Small Claims Court, without the need for a written offer. If the case is settled this way, it is advisable for the parties to document the agreement in writing and sign it to ensure clarity and enforceability.
For claims under $3,500.00, if the parties are unable to reach an agreement at the settlement conference, they may request that a judge make a decision on the case at that conference. If the judge resolves the case at the settlement conference, the matter concludes and no trial is held.
LANDLORD AND TENANT
The Landlord and Tenant Board (LTB) provides information to landlords and tenants regarding their rights and responsibilities under the Residential Tenancies Act, 2006, S.O. 2006, c. 17. Additionally, the LTB offers guidance on its practices and procedures.
Examples of issues handled by the LTB include:
The answer is NO.
The Landlord and Tenant Board cannot provide you with legal advise.
A landlord can serve a Notice of Termination for Non-Payment of Rent starting the day after the rent is due.
In Ontario, for a monthly residential tenancy, a Notice for Non-Payment of Rent must provide a minimum of 14 days if personally served and a minimum of 19 days if served by mail. Different notice periods apply for weekly and bi-weekly tenancies.
Depending on the issues involved and the time required to schedule court appearances, it may take a few weeks to a month from the date the last notice was served to resolve the matter in court. If both parties file applications, the process may take longer.
The unwritten rule or threshold for considering late payments typically ranges between 5 to 6 late payments within a twelve-month period. It is important to note that this generally pertains to an end-of-term notice of termination.
If the tenant has vacated the property and returned the rental unit keys, the Landlord and Tenant Board no longer has jurisdiction over the matter. You cannot file an application with the Board if the tenant is no longer in possession of the rental unit. However, exceptions to this rule may apply.
If your landlord serves you with an eviction notice, you are not required to move out immediately. Your landlord must first apply for and obtain an eviction order from the Landlord and Tenant Board.
You have the right to attend a hearing and present your case, explaining why you should not be evicted.
If your landlord intends to use the rental unit for themselves, their family, or if they are selling the property and the purchaser will occupy the unit, they must provide you with either the equivalent of one month's rent or offer you an alternative rental unit.
If your landlord evicts you to renovate, repair, or demolish the unit, they must compensate you. Additionally, you have the right of first refusal to move back into the unit after the renovations are completed.
If the landlord fails to offer you this right, you have up to two years to file a claim with the Landlord and Tenant Board for compensation.
In Ontario, landlords can increase rent once every 12 months. They must provide tenants with at least 90 days' written notice before implementing the increase. The maximum allowable rent increase for most tenants is determined by the rent increase guideline, which is 2.5% for the year 2024. This guideline applies to most private residential rental units covered by the Residential Tenancies Act, 2006, S.O. 2006, c. 17, including rented houses, apartments, basement apartments, condos, care homes, mobile homes, and land lease communities.
However, certain exceptions apply, such as new buildings, certain additions, and some new basement apartments that are exempt from rent control.
If you believe your rent has been raised improperly, you can dispute the increase with the Landlord and Tenant Board within 12 months of when the new rent amount was first charged.
NOTARIZATION
A Notary Public in Toronto is a lawyer or licensed paralegal appointed by the Ontario Attorney General to witness, certify, and attest legal documents such as affidavits, powers of attorney, and contracts. They verify identities, ensure documents are signed voluntarily with full understanding, and authenticate signatures and copies with a notarial seal.
YES! Mobile notarizations hold the same legal validity as in-office notarizations. Every notarization is handled with discretion, adhering to all legal standards.
Valid government-issued ID is required. Provide one piece with a photo (e.g., driver’s licence, passport) or two non-photo IDs (e.g., SIN card, birth certificate).
Please review and bring all documents needing notarization. Our Notary Public only authenticates documents and witnesses signatures—no legal advice is provided. Do not sign documents in advance. For certified true copies, bring both the original and copies. Printing needed? Let us know before your appointment.
If you need to have a signature notarized, the person who is signing the document must come to the notary appointment to sign in the presence of a notary.
In Toronto, notaries use both red and gold seals for notarizing documents. Ontario law doesn't mandate seal colour. However, for documents intended for international use, specific requirements might necessitate using a gold seal for better recognition and visibility.
Gold Seal
The Gold seals also have practical advantages in terms of visibility through photocopying, scanning, and faxing. Gold seals retain their distinctiveness when copied or scanned, ensuring the notarization mark is clearly visible on electronic versions of the document.
Red Seal
A red seal might not be as clearly visible as a gold seal in these cases, potentially making it less suitable for documents that require electronic submission or archiving. Unlike gold seal, red seals might appear as a dark smear.
Absolutely! We authenticate signatures and identities regardless of the document's language, allowing us to serve Toronto’s diverse community with flexibility and ease.
In Toronto and across Ontario, a Notary Public may use either a notary seal or a notary stamp to authenticate documents. A seal creates a raised, embossed imprint, while a stamp leaves an inked, flat impression. Both are legally valid, with the choice depending on document requirements or jurisdictional preferences.
When visiting a notary to sign a document, their role is to verify your identity and witness your signature—not to review the document for accuracy or offer legal advice.
Witnessing requirements for a Power of Attorney vary by jurisdiction, including differences between countries, states, and provinces. Below is a general overview, with a specific note on Ontario, Canada:
General Guidelines:
Ontario, Canada:
As of April 2023, Ontario law requires two witnesses for a Continuing Power of Attorney for Property or a Power of Attorney for Personal Care. These witnesses cannot be the Principal’s spouse, partner, child, attorney, or anyone treated like a child. Always confirm current requirements or consult a legal professional, as laws may change.
Special Cases:
Tips:
COMMISSIONING
Commissioning a document means having it officially witnessed and signed by a Commissioner of Oaths, verifying that you’ve sworn or affirmed the contents to be true.
Common examples include affidavits, statutory declarations, consent letters for children travelling abroad, and certain government forms.
Valid government-issued ID is required. Provide one piece with a photo (e.g., driver’s licence, passport) or two non-photo IDs (e.g., SIN card, birth certificate).
A Notary Public can commission documents and also notarize, certify true copies, and handle international documents. A Commissioner of Oaths only handles oaths, affirmations, and statutory declarations within the province.
Yes. You must bring valid, government-issued photo ID to verify your identity.
No. Do not sign the document in advance. It must be signed in the presence of the Commissioner.
No. Commissioners and Notaries do not review documents for content or provide legal advice.
Yes. We can commission documents regardless of language, as long as we are confident you understand what you are signing.
Remote commissioning may be available depending on the document type and legal requirements. Please contact us to confirm.
If extra witnesses are needed, you must bring them to the appointment unless you choose to have us provide a second witness for an additional fee.
Areas We Serve
Toronto, Scarborough , North York, Thornhill, Markham, Mississauga, Ajax, Aurora, Don Mills, Pickering, Whitby,
Oshawa, Vaughan, Woodbridge, East York, Etobicoke, Newmarket and Milton
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