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Highest Amounts for Small Claims and Simplified Procedure Rules Change in 2020

By Crystal McConkey, Articling Student

The Ministry of the Attorney General for Ontario is making adjustments to the Small Claims Court and Simplified Procedure processes to make it easier for parties to resolve their legal issues. The changes are meant to make it faster, and more affordable, for parties to resolve disputes where the value at issue is $200,000.00 or less.

Small Claims Court

As of January 1, 2020, the maximum amount for a claim in the Small Claims Court will increase from $25,000.00 to $35,000.00.

Simplified Procedure under Rule 76 of the Rules of Civil Procedure

As of January 1, 2010, the maximum amount for a claim under the Simplified Procedures will increase from $100,000.00 to $200,000.00.

In addition to increasing the maximum claim amount under Simplified Procedure, trials will be limited to five days, actions will be assigned for case management, oral discovery will be increased from two hours to three hours and there will no longer be civil jury trials, unless a notice was served and filed before January 1, 2020. Parties will also have to schedule a pre-trial conference and agree to a trial management plan that details their witnesses and apportions the allotted time for trial.

It is also Important to note that the new Simplified Procedure provides for a maximum cost recovery of $50,000.00 and a maximum disbursement recovery of $25,000.00.