5. Go to Small Claims Court

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Debt and Consumer Rights - Cellphones
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Commission for Complaints for Telecom-television Services

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I'm having problems with my service provider. What should I know?
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5. Go to Small Claims Court

You can sue the service provider in Small Claims Court. You can do this without complaining to  the Commission for Complaints for Telecom-television Services (CCTS). You can also sue if you reject a CCTS decision.

Your claim must be for $35,000 or less if you want to sue in Small Claims Court. You must file your claim within 2 years of when you first learned about the problem.

If you want to sue a service provider for more than $35,000, you have to do this in Superior Court. If you want to sue in Superior Court, you should try to get legal help.

There are some disadvantages of going to court, including:

  • you have to pay court fees
  • if you lose, the court could order you to pay some of the service provider's legal costs
  • the process can be complicated, especially if you don't have a lawyer
  • it can take a lot of time

Legal help

You do not need a lawyer to go to Small Claims Court. But you'll probably understand the court process better if you talk to a paralegal or lawyer.  

If you earn a low income, you might be able to get legal help from Pro Bono Ontario. This organization helps with cases in Small Claims Court and Superior Court.

In Ottawa and Toronto, Pro Bono Ontario provides duty counsel lawyers at Small Claims Court. Duty counsel lawyers give advice and can help you represent yourself in court.

You can also learn about the court process at the Steps to Justice Small Claims Court site.

You May Also Need

Pro Bono Ontario
Ministry of the Attorney General
Reviewed: September 15, 2020

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