Small Claims Court - in which jurisdiction?

[Salma]

If we want to sue a company in another province, can we file our claim in Ontario and have the case heard in an Ontario court or do we have to file our claim in the province where the defendant carries out business?

Can someone please clear this up for me? I have had some paralegals tell me that we can file in Ontario and some have said we need to file in the province where the defendant operates their business.

 

[AccountsReceivable@DRC]

If an ACTION on your part occurred locally (ex. load picked up) then you file within the proper jurisdiction in Ontario. You will file a Plaintiff form with an accompanying Affidavit of Jurisdiction form. You will need to check with the courts if this second form is the correct one for out of province. It is used for another city within the same province - I am sure it is used for out of province also. Just verify this.

 

[Salma]

Thanks for the info. I will check with our local court. We picked up the load in the US, delivered to Ontario but the broker is in Manitoba. I am just afraid that I will be told I have to go to Winnipeg.

I sued someone (personally, not for business reasons) and I was told that I had to file in the city where the defendant lives. That hardly seems fair - someone screws you over and you have to chase them all over the place! They should come to us - we shouldn't have to go to them. Doesn't make any sense to me.

 

[SCAM CHASER]

Here's the actual SCC Rule

RULE 6 FORUM AND JURISDICTION

Place of Commencement and Trial

6.01 (1) An action shall be commenced,

(a) in the territorial division,

(i) in which the cause of action arose, or

(ii) in which the defendant or, if there are several defendants, in which any one of them resides or carries on business; or

(b) at the court’s place of sitting that is nearest to the place where the defendant or, if there are several defendants, where any one of them resides or carries on business. O. Reg. 78/06, s. 8 (1).

(2) An action shall be tried in the place where it is commenced, but if the court is satisfied that the balance of convenience substantially favours holding the trial at another place than those described in subrule (1), the court may order that the action be tried at that other place. O. Reg. 78/06, s. 8 (1).

(3) If, when an action is called for trial or settlement conference, the judge finds that the place where the action was commenced is not the proper place of trial, the court may order that the action be tried in any other place where it could have been commenced under this rule. O. Reg. 78/06, s. 8 (1).

 

[SCAM CHASER]

Jurisdiction

You can secure judgment against any defendant regardless of location; however, the court will not permit enforcement if the defendant is outside Ontario. You can take an Ontario judgment and seek enforcement in another province who is a party to the Reciprocal Enforcement of Judgments Act. Quebec is not a party to the Act.

 

[Salma]

SCAM CHASER,

Thanks for clearing that up! I appreciate it.

 

[Kathryne H.]

When suing in small claims court

If we want to sue a company in another province, can we file our claim in Ontario and have the case heard in an Ontario court or do we have to file our claim in the province where the defendant carries out business?

Can someone please clear this up for me? I have had some paralegals tell me that we can file in Ontario and some have said we need to file in the province where the defendant operates their business.

When suing in small claims court it must be filed in their community. If you can't physically get there you would be required to pay someone to file it for you. The court case WILL take place in their court house.