The Attorney General for Ontario recently announced that, effective January 1, 2020, there will be changes to the way claims are brought in Small Claims Court and under the Rules of Simplified Procedure.
Small Claims Court
Monetary Limit for commencing a claim
For claims proceeding in the Small Claims Court, the monetary limit will increase from $25,000.00 to $35,000.00.
A litigant who started their claim in the Superior Court can seek to transfer their case to the Small Claims Court if the claim falls within the monetary threshold.
Simplified Procedure
Monetary Limit for commencing a claim
For claims proceeding under Rule 76 of the Rules of Civil Procedure, the monetary limit will increase from $100,000.00 to $200,000.00.
Limitations on Costs and Disbursements
For actions commenced on or after January 1, 2020, the recovery of costs will be limited to $50,000.00 or $25,000.00 for disbursements, not including HST.
Examination for Discovery
The time for each party to conduct oral examinations for discovery will increase from two hours to three hours.
Trial
Trials will be limited to five days. There will no longer be a distinction between ordinary trials and summary trials – there will be a new procedure that applies to all trials.
Jury trials will no longer be permitted, except for an action involving one of the following:
- Slander
- Libel
- Malicious arrest
- Malicious prosecution
- False Imprisonment
This does not apply to an action where the jury notice was delivered before January 1, 2020.
