3 Hearing Methods Used by the Court for Small Claims Cases

Do you want to file a small claims Toronto case? If so, you must know the different hearing methods used by the court to hear the case and give its final verdict. In addition, you must know the best way to request a change in method of hearing. In this blog post, we will give you a quick overview of different court hearing methods and the procedure to change your hearing method if you need to. 

Different Hearing Methods Used by the Court for Small Claims

1. In writing

The hearing of all the motions associated with assessment damages will be done in writing.

2. Remote

Courts also use video conferencing or telephone to hear small claims cases. Remote hearing methods are usually used for settlement hearings, assessment hearings, payment term hearings, motions other than motions in writing, and garnishment hearings. 

3. In-person

The court conducts in-person hearings for trial and contempt hearings. 

The Process to Request a Change in Hearing Method

Although the court will schedule one of the above methods for a small claims case hearing, you can request a change in the hearing method. Here’s

how you can proceed:

1. You must give the change request in writing to the court for consideration. 

2. With the help of the best paralegal Toronto, you can frame the reasons for the change request.

3. If all the parties agree to the change in hearing method, the court will accept it and schedule the requested method of hearing. 

4. In most cases, court officials are flexible in accommodating the requested change. However, certain guiding principles may affect their final decision on the change request. 

5. Court’s discretion

6. Easy access to justice

7. If you are a self-presented litigant, the court will consider factors like your access and ability to use technology or whether it is easier to participate only in writing. 

8. For critical matters, the court might consider an in-person hearing.

9. The court can consider hybrid hearings if both parties can’t agree on the same hearing method.

10. Small claims court regulations

11. Any instances where the parties can’t attend the hearing in person or remotely. 

Conclusion

Filing a small claims case is easier said than done. You have to prove your argument while also deciding on the best method of case hearing. Professional legal advice Toronto from leading law firms such as us at SW Legal Service PC can help. 

Our team of paralegal professionals can help you during the small claims court case, ensuring you get the best possible outcome. Contact us now to know more.