Yes
Last Updated: , 72 days ago.
Can the Small Claims Court in Ontario grant an injunction?
In Ontario, the Small Claims Court has limited jurisdiction and generally cannot grant injunctive or declaratory relief; it is limited to compensatory remedies tied to the payment of money or the recovery of possession of personal property within its monetary limits under Courts of Justice Act, R.S.O. 1990, c. C-43 and O. Reg. 626/00.nbsp; If your goal is to stop conduct or get a court-ordered direction, Lo Greco Law can help you assess the right forum and remedies, using 30+ year experienced lawyer services and LSO tribunal representation to protect your interests across Ontario; call (416) 488-4110.
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Does the Small Claims Court Have the Power to Order Specific Conduct?
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.
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Understanding the Powers of the Small Claims Court Involving 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 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:
Jurisdiction
23 (1) The Small Claims Court,
(a) has jurisdiction in any action for the payment of money where the amount claimed does not exceed the prescribed amount exclusive of interest and costs; and
(b) has jurisdiction in any action for the recovery of possession of personal property where the value of the property does not exceed the prescribed amount.
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.
Learn More About Available Remedies...
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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.
