Increases Are Coming to the Monetary Jurisdictions of the Small Claims Court and for Rule 76 Simplified Procedure Actions Effective January 1, 2020

  • December 13, 2019
  • Mark van Zandvoort and Stephanie D’Amico

I. Increases in Small Claims Court and Simplified Procedure Claim Limits

A recent announcement by the Ontario Ministry of Attorney General has advised that, effective January 1, 2020, a party will be permitted to claim up to $35,0001 in Ontario Small Claims Court proceedings, and up to $200,0002 in Rule 76 Simplified Procedure proceedings in the Ontario Superior Court of Justice.3

Ontario Regulation 344/19, which amends the Rule 76 Simplified Procedure effective January 1, 2020, also includes a number of other changes to the Simplified Procedure, some of which are highlighted below.

II. New Limitations on Cost Recovery in Simplified Procedure Actions

The amendments also include a new restriction on the quantum of costs which may be recovered by a party in a Rule 76 Simplified Procedure action commenced on or after January 1, 2020. Specifically, in such proceedings, no party will be permitted to recover costs exceeding $50,000, or to recover disbursements exceeding $25,000, exclusive of HST.4 These restrictions will not apply in the case of an action commenced before January 1, 2020.

III. Examination for Discovery Time Limits Increased

Currently, the time for oral examinations for discovery to be conducted by each party under the Rule 76 Simplified Procedure is limited to a total of two hours. With the amendments to Rule 76, this time limit will now be increased to three hours effective January 1, 2020.