Available Remedies:

Question:Can the Small Claims Court in Ontario order someone to stop or do something, or is it limited to money and property claims?

Answer:In Ontario, the Small Claims Court has limited powers under the Courts of Justice Act and the Small Claims Court Jurisdiction regulation, so it cannot grant injunctive relief (orders to stop or to do something) or declaratory relief (a legal declaration); it is generally limited to compensatory remedies within its jurisdiction, meaning claims for payment of money (up to $35,000 exclusive of interest and costs) and claims for the recovery of personal property where the property’s value is up to $35,000   You can still pursue monetary damages (actual, general, and in some cases punitive), and you may seek remedies like rescission or disgorgement when they fit within the court’s limited remedial authority   For help assessing which remedies are allowed and how to draft your Small Claims Court claim, VP Legal Services & Notary can assist with paralegal and notary support across Ontario, call (437) 286-1499.

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Jurisdictional Powers Restrictions

Although the Small Claims Court is a division within the Superior Court of Justice, the Small Claims Court is a forum within which the judges, and usually deputy judges, are prescribed with limited powers; and accordingly, parties to Small Claims Court proceedings must restrict the remedies sought from the court to only those remedies falling within the Small Claims Court jurisdiction.

Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 to discuss any specific questions that you may have.

The Law

The limited jurisdiction of the Small Claims Court imposes restrictions upon the remedies that are available. Specifically, the Courts of Justice Act, R.S.O. 1990, c. C-43, as well as the Small Claims Court Jurisdiction, O.Reg. 626/00, regulation, limit the powers of a judge in the Small Claims Court whereas the statute and the regulation respective state:

As such, the Small Claims Court is permitted to grant monetary awards to a maximum of $35,000.00 as well as permitted to order the return of property that is valued at a maximum of $35,000; and thus the Small Claims Court is without the authority to grant injunctive relief such as a directive that a person perform specific conduct or cease specific conduct as well as without the authority to grant declarative relief such as an opinion regarding a legal rights issue.

Whereas the Small Claims Court is restricted to the powers as shown above, only remedies that fall within those powers may be sought.  Remedies that may be sought from the Small Claims Court include, among possible others:

• Claims for actual damages, also known as special damages, being monetary compensation for precisely accountable losses suffered;
• Claims for general damages, sometimes referred to as non-pecuniary damages, being monetary compensation that is imprecise and incapable of exact calculation such as awards for pain and suffering;
• Claims for punitive damages, also known as exemplary damages, as a form of punishment intended by the court to show disdain for malicious and egregious conduct;
• Claims for rescission which involves putting parties back into the same financial position that existed prior to dealings between the parties where such includes ordering the return of property or the return of money or both; and
• Claims for disgorgement which involve the stripping of ill-gotten gains such as benefits or profits from a wrongdoer and payment of such ill-gotten gains to the victim of the wrongdoing.

Conclusion

The Small Claims Court holds limited powers to grant remedies that may be sought.  The Small Claims Court is empowered to provide for the payment of money or to direct the return of property.  The Small Claims Court is also limited in monetary jurisdiction, being matters where the payment of money, or the return of property, relates to sums or values of $35,000 or less per party.