Available Remedies:

Question:Can the Small Claims Court in Ontario order someone to stop a certain action or do a specific thing?

Answer:Cross Legal Services can help you confirm whether your claim fits Small Claims Court remedies in Ontario, because this court has limited power to award compensatory relief only, not injunctions (orders to stop or perform conduct) or declaratory relief (a ruling on rights).   Under Ontario’s small-claims framework, the court’s jurisdiction is generally limited to actions for payment of money up to the jurisdictional cap (currently $35,000, exclusive of interest and costs) and, for certain matters, recovery of personal property up to that value, so your pleadings must focus on money or return of property, not specific conduct. Courts of Justice Act, R.S.O. 1990, c. C-43, s. 23, and O. Reg. 626/00, s. 1 set the core jurisdiction limits.   If you want help shaping your claim to the right remedy and court, contact Cross Legal Services at (289) 443-0675 for a free intake.

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Does the Small Claims Court Have the Power to Grant An Injunction?

The Power of the Small Claims Court Is Limited to Compensatory Issues Involving the Payment of Money or Return of Property. The Small Claims Court Is Unable to Order An Injunction or to Provide a Declaration.

Note: For immediate help, please contact Cross Legal Services by phone at: (289) 443-0675 to retain services or to discuss any specific questions that you may have.

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

The Small Claims Court is limited powers division of the Superior Court of Justice rather than a separate and independent forum, within which judges are restricted to granting only certain forms of remedy; and accordingly, parties in Small Claims Court proceedings must seek only the remedies that fall within the jurisdiction of judges sitting in the Small Claims Court.

The Law

The Small Claims Court is a court of limited jurisdiction with restrictions upon the court, and thus restrictions upon the judges sitting within the Small Claims Court, to grant certain remedies.  Specifically, the Small Claims Court is limited to the granting the remedies prescribed by 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 for which each respectively 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 is limited in the power to grant remedies. The Small Claims Court is empowered to grant remedies involving the payment of money or the return of property only.  The Small Claims Court is limited to a certain monetary jurisdiction, meaning the sum of money or value of property involved. Currently, the limit is a maximum of $35,000 per party.