September 30

Property Damage Cases in small claims court in Canada

How does a paralegal in Toronto usually help you in issues regarding to Property Damage Cases?

In property damage suits, the homeowner and contractor clients find themselves in a Small Claims Court. A legal dispute over property damage insurance benefits can be a type of a civil lawsuit. It is when one party does a legal action against another party and usually the dispute is over money. In the situation that your property has been damaged, you have the right to recover the amount of money it would take to fix the damaged item. It can happen by the negligent or intentional act of someone else. Issues regarding Property Damages can be turned into complex problems, similar to other legal cases; therefore seeking help from a paralegal expert can be essential.

Navigating the complicated procedures in small claims court without the help of a paralegal is almost impossible. In small claims courts, the rules of civil procedure are modified for making the process to be more accessible to all citizens dealing with everyday disputes. Trials heard in small claims court can be much less formal and a magistrate usually decides about the cases.

A subset of County Court, Small Claims Court is for civil lawsuits where the amount in dispute is $5,000 or less (excluding costs, paralegal’s fees, and interest).Knowing the procedure in small claims court before filing a case and also understanding   the legal process can be beneficial for you. Before filing a case you should decide if small claims court is the best choice for solving your case Depending on the complexity of the case. Consult a paralegal Toronto expert, if the case is complicated. You can talk to a paralegal for advice about your case, although it is possible for you to handle your case yourself without a lawyer in small claims court.

Negligent Property Damage can happen in the situation that you suffer property damage as a result of another person’s conduct when s/he damages your property and didn’t act with reasonable care under the circumstances. If you prove it, you will have a valid legal claim in small claims court. You should keep in mind that you will have to prove the extent of the damage suffered and the cost to either fix or replace the property in small claims court. The judge won’t award you anything, if you cannot prove them. Here are some questions to answer In order to determine whether you have a good case based on someone else’s negligence:

  • Did the person whose act damaged your property have reasonable behavior?
  • Would you have had different behavior if you were in that person’s shoes?
  • Was your own conduct a vital cause of the injury?

If you are totally at fault and you cannot find the answer of these questions well, you should expect to lose. But, if you’re partially at fault, you can win something in small claims court in some states.


Posted September 30, 2019 by stacdera in category Uncategorized