Hurdles for self-represented litigants in small claims court.

• Date: 01 September 2016
• Author: Mushtaq, Amer

The rules and processes at Small Claims Court were designed to be simple and flexible, so that everyday people could have their disputes resolved without hiring lawyers or paralegals. However, the reality is that many self-represented litigants continue to face significant hurdles in accessing the justice system through Small Claims Court without professional help.

This problem has become significant in the last few years, as more and more people are representing themselves in Small Claims Court. Due to the significant rise in self-representation, one hopes that the court system will evolve to better meet the needs of self-represented litigants. In the meantime, here are answers to some of the common issues that the self-represented litigants are currently facing.

Where to Begin: does your case belong in a Small Claims Court? Monetary Jurisdiction

Each Canadian province has enacted specific legislation for small claims matters. This legislation deals with various relevant procedural matters. For instance, the legislation will confirm the monetary jurisdiction of a provincial small claims court or lay out the procedure for determining...