Going to Court

Going to court can be a big decision, you’ll want to consider what that involves.

Court can be:

• Time consuming: Preparing a trial takes a lot of time and it usually takes a year until a trial happens
• Stressful: Trial can cause a lot of animosity between the parties and it is a lot of work
• Expensive: You may need to spend some money on legal advice, filing fees, or take time off work 

You can settle at any point

Up until the judge makes a final decision, you and the other party can reach an agreement between yourselves. Most Small Claims Court cases settle without a trial. Less than 10% of claims actually make it to a trial. In fact, the court encourages people to continue to try and work things out. To help people reach a settlement before trial, the Small Claims Court process includes several steps to help parties to resolve disputes, including: mediation, settlement conferences and trial conferences.

Remember: Limitation Periods

It is always a good idea to try to work out a solution first rather than jumping straight into the court process. Just remember to pay attention to the limitation period. If you are still negotiating, but the limitation period on your matter is coming up, you can file your claim with the court and then continue negotiating. To learn more see Limitation Periods.

Interpreters

If you or one of your witnesses are not fluent in English, you may wish to rely on an interpreter. In

Interpreters are not provided by the court. You will have to arrange for one to attend at your court appearance and pay for their attendance. You will need to convince the judge at your appearance that you interpreter is  capable of effectively doing to the job. For this reason, it is a very good idea to hire a certified translator.