Where do you want to go? Select a link from the following Book an Appointment Learn more about our firm... Meet the Legal Team Lawyers Real Estate Law Corporate and Commercial Law Family Law Wills and Estates Civil Litigation Frequently Asked Questions Return to home page

Frequently Asked Question: Civil Litigation

"I am landlord of a residential property in Nepean and I am owed $7,500 from a former tenant for rental arrears. He promised to repay me before vacating the premises but did not. What can I do about this problem?"

If your tenant was still in possession of the premises, you could have commenced summary eviction proceedings against him in Landlord & Tenant Court and recovered your rent through an order of that Court. However, the Landlord & Tenant Act provides that once the tenant vacates the premises, you cannot proceed against him in Landlord & Tenant Court. You must sue your former tenant in either the Small Claims Court or the Ontario Court (General Division).

The jurisdiction of the Small Claims Court provides for a monetary limit of $6,000 that you can claim, whereas there is no such limit in the higher court. In view of the fact that your claim exceeds the $6,000 limit in the lower court, you must make an election as to which forum to proceed in.

If you elect to proceed in the Small Claims Court, you must waive the excess amount of your claim, namely $1,500, and limit your potential recovery to $6,000. Alternatively, you can proceed to sue for the full amount in the higher court.

In weighing the alternative options, you should consider that you do not need a lawyer in Small Claims Court, court fees are lower, and the procedure is relatively quick and informal. Therefore, costs, court delays and chances of actual recovery all affect the decision of which court to sue in.

The foregoing offers legal information of general concern and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.