Available Remedies:

Question:Can the Small Claims Court order someone to stop doing something or perform specific conduct in Ontario?

Answer:Reznik Legal Services paralegals can help you understand that the Small Claims Court in Ontario generally cannot grant injunction-style orders or declarations, including orders directing specific conduct or requiring someone to cease conduct.  The court’s remedies are limited to compensatory relief, such as monetary awards (up to the applicable Small Claims Court limit) and certain orders related to payment or return of property.  If you need an order to force action or stop behaviour, a different court process or remedy may be required, and Reznik Legal Services can guide you on the best next step.  Call (416) 222-9906 to discuss your situation and the most practical way to pursue relief in Ontario.

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What Power Does the Small Claims Court Hold?

The Small Claims Court Is Unable to Grant Requests For An Injunction or Requests For Declarations. The Small Claims Court Is Empowered Only to Grant Various Forms of Compensatory Relief.

Note: Please contact Reznik Legal Services by phone at: (416) 222-9906 to discuss any specific questions that you may have.

Understanding the Powers of the Small Claims Court Involving the Restriction to Handling Compensatory Relief Matters

Although the Small Claims Court is a division within the Superior Court of Justice, the Small Claims Court is a forum within which the judges, and usually deputy judges, are prescribed with limited powers; and accordingly, parties to Small Claims Court proceedings must restrict the remedies sought from the court to only those remedies falling within the Small Claims Court jurisdiction.

The Law

The limited jurisdiction of the Small Claims Court imposes restrictions upon the remedies that are available. Specifically, the Courts of Justice Act, R.S.O. 1990, c. C-43, as well as the Small Claims Court Jurisdiction, O.Reg. 626/00, regulation, limit the powers of a judge in the Small Claims Court whereas the statute and the regulation respective state:

As shown, the Small Claims Court is empowered only to grant a monetary award up to $35,000.00 as well as to order the return of property valued up to $35,000; and accordingly, the Small Claims Court is unable to provide remedies known as injunctive relief, meaning a directive that someone do something or that someone stop doing something, or declarative relief, meaning an opinion on a legal rights question.  For cases proceeding within the Small Claims Court, the issues must strictly be kept to compensatory relief issues involving the payment of money or the return of property.

Whereas the Small Claims Court is restricted to the powers as shown above, only remedies that fall within those powers may be sought.  Remedies that may be sought from the Small Claims Court include, among possible others:

• Claims for actual damages, also known as special damages, being monetary compensation for precisely accountable losses suffered;
• Claims for general damages, sometimes referred to as non-pecuniary damages, being monetary compensation that is imprecise and incapable of exact calculation such as awards for pain and suffering;
• Claims for punitive damages, also known as exemplary damages, as a form of punishment intended by the court to show disdain for malicious and egregious conduct;
• Claims for rescission which involves putting parties back into the same financial position that existed prior to dealings between the parties where such includes ordering the return of property or the return of money or both; and
• Claims for disgorgement which involve the stripping of ill-gotten gains such as benefits or profits from a wrongdoer and payment of such ill-gotten gains to the victim of the wrongdoing.

Conclusion

The Small Claims Court holds limited powers to grant remedies that may be sought.  The Small Claims Court is empowered to provide for the payment of money or to direct the return of property.  The Small Claims Court is also limited in monetary jurisdiction, being matters where the payment of money, or the return of property, relates to sums or values of $35,000 or less per party.