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Big Changes in Small Claims: What You Need to Know
Ontario is raising the Small Claims Court monetary limit from $35,000 to $50,000 in October 2025, allowing more individuals and small businesses to resolve disputes affordably without turning to the Superior Court. While the change promises faster, more accessible justice, it also risks worsening existing delays unless the court system receives much-needed staffing and infrastructure upgrades.
Ontario Court Confirms Enforceability of ESA-Only Termination Provision
Employers and employees in Ontario have long been permitted to contract out of common law notice entitlements, provided their agreements meet or exceed statutory minimums under the Employment Standards Act, 2000 (ESA). However, in recent years, courts have closely scrutinized termination provisions, leading to increased uncertainty for employers.
The recent Ontario Superior Court of Justice decision in Bertsch v. Datastealth Inc., 2024 ONSC 5593, provides welcome clarity, reaffirming that properly drafted termination provisions will be enforced—even when they limit an employee’s entitlements to ESA minimums. The decision also demonstrates how employers can use procedural tools like Rule 21 motions to resolve contractual interpretation disputes efficiently.
The Role of Paralegals in Small Claims Courts in Ontario: A Cost-Effective Solution for Clients
In Ontario, the Small Claims Court is an important component of the court system, providing a simple and accessible venue for resolving disputes involving lesser sums of money. Paralegals play an important role in making this procedure more comprehensible and cost-effective.