Paper printed with the title negligence

What means the Negligence case in Ontario Small Claims Court?

Negligence is a common cause of the Ontario Small Claims Court and is considered an area of tort law. The principle of negligence is that people should exercise their actions carefully. When someone falls and doesn’t care to prevent foreseeable harm to others, the Ontario Small Claims Court will consider a negligence act.

Some people believe that negligence means doing something carelessly. However, it is necessary to be careful with this definition because a person can commit an act of negligence because he is acting below the level of competence expected in his activity.

Generally speaking, when someone appeals to an Ontario Small Claims Court due to one or more people’s negligence, the Court will determine the degree to which each person is guilty or negligent.

How to prove a negligence case?

Negligence cases are particular and can be challenging to prove. In each situation, the injured party must explain the damages in the event of negligence, and the Court will assess the situation.

To appeal a negligence act in Ontario, the claimant needs to prove all the elements that had to be established in every negligence case:

  • Duty of care (the first element that must be established to proceed with an action in the Court)
  • Breach of duty (is a failure to satisfy ethical, legal, or moral obligations)
  • Causation (it connecting conduct with an effect)
  • Damages (a monetary representative value on the harm done)

Steps of your case 

If you believe you have sufficient evidence to prove your negligence case in Small Claims Court Ontario, you must follow the steps below:

  • Write the plaintiff’s claim form – Every action begins at Ontario Small Claims Court, using this form. In this document, you will need to describe your negligence case in detail.
  • Documents to prove – Find all documents that can prove that you have suffered an act of negligence.
  • Fees – Pay fees from Ontario Small Claims Court
  • Defendant notification – You need to make sure the defendant has already been notified of the case. If he has not yet replay within 20 days, you can request the Court to declare a default.
  • Settlement conference – The judge will try to settle an agreement first
  • Trial – If there is no settlement, the case will go to trial

You can file a negligence case in Ontario Small Claims Court without a lawyer. However, the difficulty of proving these cases, and the lack of legal knowledge, can lead you to waste time and money.

Juzkiw Law Firm is an experienced civil litigation firm in North York, Ontario. We can help you find how you can prove your negligence case. We will find the best way for your situation.

Please, if you have any negligence cases, contact us. We can help you – 416-221-2221

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