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If the Claim (or Defendants Claim) was served on at the defendant in question (ie. the defaulting defendant) within the territorial jurisdiction of the court, then the plaintiff need only file a Request to Clerk to note the defendant in default, which may be made in Form 9B [R11. 01(1)].
To file your Statement of Defence or Notice of Intent to Defend and all Affidavits of Service with the court, you must submit them along with your payment, either: online through the Civil Claims Online portal. in person at the court location indicated on the Statement of Claim.
Demand letters should be dated and include the name and address of the party it was sent to. Keep a copy of the letter for yourself in the event you need to file a Civil Claim and a trial becomes necessary.
Small Claims Court in Ontario will hear claims for money or personal property at a value of $35,000 or less (not including interest or costs). If you are looking to sue for an amount higher than $35,000 you will need to file your claim with the Superior Court of Justice and follow the civil litigation process instead.
If you are suing for damages against someone for money or property valued at less than $35,000, you would do so in small claims court. In small claims court, your lawsuit must fall into one of two categories: claims for money (i.e. unpaid debts) or claims for damages (i.e. property damage, personal injuries).
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An award of costs in the Small Claims Court, other than disbursements, shall not exceed 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 partys representative for unreasonable behaviour in
The Small Claims Court can handle any action for the payment of money or the recovery of personal property where the amount claimed does not exceed $35,000, excluding interest and costs such as court fees.
General damages are compensatory damages. They are awarded primarily to compensate a plaintiff for pecuniary and non-pecuniary losses suffered as a result of a defendants conduct. Punishment is not a principal aim of general damages.

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