On January 1, 2011, amendments to section 30 of the Courts of Justice Act and court rules and forms under the Rules of Small Claims Court (the "Rules") will come into effect.

Change to Service by Registered Mail at an Individual's Place of Residence

A claim can be served by "personal service" or by an "alternative to personal service". In one "alternative to personal service", the claim can be served where the person lives by registered mail or courier with proof (verification by Canada Post or the courier company) that the document was received. 

Previously, for service to be effective under this method, the signature of the defendant, verifying receipt of the document, was required. As of January 1, 2011, the signature of defendant, or any person who appears to be a member of the same household, verifying receipt of the document is required.

As usual, if verification is not received, the plaintiff may then serve the claim by another method allowed by the Rules, for example, by personal service or by requesting an order for substituted service.

For more information about serving a claim, see the Guide to Making a Claim and Guide to Serving Documents available at court offices and online at: www.ontario.ca/attorneygeneral. A new version of these guides, including this change, will be available after January 1, 2011.

Service of Defences on All Parties

In the past, the Rules required the defendant to file his or her defence at the court office together with a copy for every plaintiff.  Court staff was required to serve a copy of the defence on each of the plaintiffs. 

As of January 1, 2011, the defendant is required to file a defence together with a copy of it for every party in the case. Court staff must serve a copy of the defence on all plaintiffs and defendants in the case.

For more information about service of defences, see the Guide to Replying to a Claim and Guide to Serving Documents available at court offices and online at: www.ontario.ca/attorneygeneral. A new version of these guides, including this change, will be available after January 1, 2011.

Costs and Disbursements

Under the Rules, a successful party is entitled to have his or her reasonable disbursements (expenses) paid by the unsuccessful party.  As of January 1, 2011:

• The maximum amount that can be claimed for serving documents has increased to $60 per person served; and
• The maximum amount that can be claimed for preparing a plaintiff's claim, defendant's claim or defence has increased to $100. (The clerk of the court may now assess this expense.)

Previously, costs that could be awarded by the court for representation by students-at-law and agents were limited to half of what could be awarded where a lawyer represented a party. As of January 1, 2011, that limitation will be removed. However, section 29 of the Courts of Justice Act still limits court-ordered costs to 15 per cent of the amount claimed or the value of the property sought to be recovered (unless the court considers it necessary in the interests of justice to penalize a party or a party's representative for unreasonable behaviour in the proceeding).

As well, previously representation costs and/or compensation for inconvenience and expense for people who represent themselves could only be requested from the court in cases where the amount claimed was more than $500. As of January 1, 2011, a request for representation costs, or compensation for inconvenience or expense, can be made in any Small Claims Court case, regardless of the value of the claim.

Financial Information Form and Supporting Documentation

Following judgment, if a debtor has not paid under the terms of the judgment, the creditor may schedule an "examination hearing" to get information about the debtor's assets and ability to pay.
 
The Rules require a person who is a debtor (i.e. not a corporation) to complete a financial information form listing his or her income, expenses, debts and assets, and serve it on the creditor before the examination hearing. (This form must not be filed at the court office.)
 
As of January 1, 2011, the debtor must also:

1. Give a copy of the completed financial information form to the judge at the examination hearing, and
2. Bring documents to the hearing that support the figures in the form.

For more information about examination hearings, see the After Judgment – Guide to Getting Results available at court offices and online at: www.ontario.ca/attorneygeneral. A new version of these guides, including this change, will be available after January 1, 2011.

Contempt for failing to answer questions at an examination hearing

Where a person is found in contempt of court for refusing to answer questions or provide records at an examination hearing, the maximum penalty has been reduced from 40 days to 5 days in jail, effective January 1, 2011.

Contempt Hearings for willful failure to attend an examination

Previously, a contempt hearing for willful failure to attend an examination in Small Claims Court was required to be heard before a judge of the Superior Court of Justice. As of January 1, 2011, these hearings may also be heard by a deputy judge or provincial civil judge.

Also, as of January 1, 2011, where the court finds a person in contempt of court for willful failure to attend an examination, the maximum penalty has been reduced from 40 days to 5 days in jail.

For more information about contempt proceedings, see the After Judgment – Guide to Getting Results available at court offices and online at: www.ontario.ca/attorneygeneral. A new version of this guide, including this change, will be available after January 1, 2011.

Small Claims Court Forms

Minor improvements have been made to 19 Small Claims Court forms to make the forms more clear and easy to use and to reflect the changes to the Rules. The forms are available on the Ontario Court Forms website at the following link: www.ontariocourtforms.on.ca.

Although you can see the new forms at this website, they cannot be filed with the court until January 1, 2011. After January 1, 2011, the new forms should be filed with the court office. If necessary, old forms will be accepted by the court office until February 1, 2011.

Want more information about Small Claims Court?

For general information about Small Claims Court you can visit the Ministry of the Attorney General's website at: www.ontario.ca/attorneygeneral.

The following publications are available on this website under "Small Claims Court":

• "Before Making a Claim in Small Claims Court", information about what to consider before you make a claim in the Small Claims Court. 
• "Small Claims Court Guides to Procedures", a series of eight guides which provide an overview of court procedures in Small Claims Court. 
• "Small Claims Court Brochures", a series of 12 brochures which provide a one-page summary of court procedures in Small Claims Court.

New versions of the guides and brochures will be available after January 1, 2011.

You can also visit Justice Ontario, a Ministry of the Attorney General website for answers to basic questions about Ontario's justice system, including lawsuits and disputes, family law, criminal law, going to court, human rights, wills and estate planning, tickets and fines, and how to find a lawyer or paralegal.

To access Justice Ontario on-line, visit: www.ontario.ca/justiceontario. For access to this information in over 170 languages, you can also reach Justice Ontario by toll-free telephone at 1-866-252-0104.