Introduction

In Ontario, the legal landscape offers various avenues for resolving disputes, depending on the nature and monetary value of the claims involved. Matters involving claims exceeding $35,000 are decided by the Superior Court of Justice. This article provides an overview of the Superior Court’s jurisdiction, the types of cases it handles, and the process for initiating a claim.

Jurisdiction of the Superior Court of Justice

The Superior Court of Justice has the authority to hear a wide range of civil and criminal cases. It handles more complex and higher-value cases that exceed the monetary limits of the Small Claims Court and other lower courts. Specifically, for civil matters, the Superior Court deals with claims involving:

• Contracts and Commercial Disputes: Breaches of contract, business disputes, and issues related to commercial transactions that exceed $35000.
• Property Disputes: Matters involving real estate, property damage, and land ownership that exceed $35000.
• Personal Injury Claims: Serious personal injury cases where damages sought exceed $35,000.
• Estate Litigation: Disputes over wills, trusts, and estates.

Initiating a Claim in the Superior Court

When a party proceeds with a claim in the Superior Court, several steps must be followed:

1. Preparing the Claim

The process begins with the preparation of the necessary legal documents. This includes:

• Statement of Claim: This document outlines the plaintiff’s case, detailing the facts, legal basis, and the specific relief or damages sought.
• Supporting Documents: Any evidence, such as contracts, photographs, or correspondence, that supports the claim should be gathered and organized.

  2. Filing the Claim

The Statement of Claim must be filed with the Superior Court. This involves:

• Filing Fee: Payment of the required filing fee,
• Service of Documents: Serving the Statement of Claim and any supporting documents on the defendants, usually through personal service, or by an alternative to personal service, and preparation of an affidavit of service.

3. Response from the Defendant

After being served, the defendant has a specified period of time to respond by filing a Statement of Defence. The defendant may also file a counterclaim if they believe the plaintiff owes them money or damages.

4. Discovery Process

The discovery phase allows both parties to gather information and evidence from each other. This can includes:

• Examinations for Discovery: Both parties may be required to attend examinations where they answer questions under oath.
• Document Exchange: Each party must disclose relevant documents to the other side

5. Pre-Trial Procedures

Before proceeding to trial, there are several pre-trial steps aimed at resolving the dispute or narrowing the issues:

• Motions: Either party can bring motions to resolve preliminary issues or seek specific court orders.
• Settlement Conferences: These are meetings facilitated by a judge to encourage settlement before trial.

6. Trial

If the case does not settle, it proceeds to trial. During the trial:

• Presentation of Evidence: Both parties present their evidence and call witnesses.
• Arguments: Both sides make their legal arguments.
• Judgment: The judge issues a decision based on the evidence and legal arguments.

Benefits of Proceeding in Superior Court

Choosing to proceed in the Superior Court for claims exceeding $35,000 offers several advantages:

• Expertise: Superior Court judges have extensive experience handling complex legal issues and high-value claims.
• Comprehensive Remedies: The court can award a wide range of remedies, including monetary damages, injunctions, and specific performance.
• Precedent Value: Decisions made by the Superior Court can set important legal precedents, influencing future cases.

Conclusion

For individuals and businesses dealing with substantial claims over $35,000, the Superior Court of Justice in Ontario provides a robust forum for resolving disputes. Seeking legal advice from experienced professionals is essential to navigate the complexities of the Superior Court and to ensure that your rights and interests are effectively protected and represented.

Please note these materials have been prepared for general information purposes only and do not constitute legal advice. Readers are advised to seek legal advice by contacting Frank Feldman* regarding any specific legal issues.