Canada Small Claims Court: JUDGEMENT AND APPEAL
How will it end? Will I get my money?
After both parties have given their evidence, the Judge can either give her judgment right away or reserve her judgment for later. If the judgment is reserved, it will be mailed to each party later.
The judgment may be for one party (the losing party) to pay money to the other party, or for one party to do something (for example return an item). Sometimes the judgment will include a schedule setting out the date or dates by which the money must be paid, or setting out the date or dates by which one party must do something. If the judgment doesn’t include a schedule, either party can ask the Judge to make one. Either party can also apply to have the schedule changed. If the losing party is told to pay but does not pay, the whole amount becomes due.
As you can see, “winning” doesn’t mean the winning party will actually get the money. Sometimes the losing party will pay the amount owing, but sometimes s/he won’t. The winning party sometimes needs to take further legal steps to collect what is owed to them. If the losing party has decided to appeal, the winning party cannot yet start to take other legal steps to collect. However, after the appeal process is over, the winning party can proceed to try to collect.
The winning party can pay a small filing fee and then file a “Certificate of Judgment” at the courthouse. After that, the judgment can be enforced in several ways. For example, the winning party can garnish the money from someone else (a third party) such as the losing party’s employer or bank. Another example is to ask for what is usually called a “Write of Execution,” which is a court order that gives the Sheriff the power to take and sell items or property of the losing party, in order to pay the judgment owed to the winning party.
This area of the law is not black and white. There are differences between provinces. Keep in mind that you may never be successful in collecting on a judgment, particularly if the losing party has no job, doesn’t own assets, or also owes other people who may be in line before you.
Can I Appeal?
Either party is allowed to appeal, usually within 30 days of the judgment but extensions of time are sometimes allowed. You will need to file a Notice of Appeal along with other documents that the Court Clerk can explain to you. You must set out the reasons (or grounds) for the appeal.
Keep in mind, if you are appealing and the other party is a corporation or a business, you may need a lawyer and there may be different procedures involved.