Want to go to small claims court? It could take more than a year to hear your case

Ontario’s small claims court system has been facing a massive backlog because of the pandemic.

Peter Szigeti of Maple, Ont. said after waiting for 11 years to try and get back his $1,000 security grading deposit for his new home, he decided he had no other option than to take his builder to court.

"We are entitled to the money and we are not receiving it,” Szigeti told CTV News Toronto in 2019.

Szigeti took his case to small claims court and this year won a judgment of $1,000 for the grading deposit. Plus he won an additional $327 in court costs, which to him, was great news.

“I was ecstatic. I felt after 14 years there was closure to be had. It wasn't really the money which does help, but it was more the principle of the situation,” said Szigeti.

Small claims court is known as the “people’s court” because it’s a place where you can take your case to be heard, as long as the amount you’re seeking is less than $35,000.

However, the pandemic caused major delays in the court system. Some paralegals who have to navigate small claims court say it could take someone a year or longer to get their case in front of a small claims court judge.

“The system before COVID was backlogged and now it's worse, so you're going to have to be patient. But it’s still a good thing to do to go through the court system if you have a problem to be rectified," said Jahne Baboulas, a paralegal with JAB Legal Services.

Baboulas is a paralegal who has been working in the small claims court system for 11 years and said now it will take extra time to have your case heard.

Some cases that end up in small claims court are unpaid loans, unpaid rent, property damage, personal injuries and breach of contract.

Often the majority of cases are settled before they go to trial, and you can represent yourself or use the services of a lawyer or paralegal.

"The court is supposed to be the people's court, but it is complicated and I find a lot of self-represented people make mistakes that are easily avoidable," said Baboulas.

The cost to take someone to small claims court is about $300 to $500 for the various paperwork required. If you decide to hire a paralegal, you could have to pay several thousand dollars for their services depending on how complex your case is.

CTV News Toronto asked the Attorney General’s Office of Ontario about the current backlog of cases.

“The Ministry of the Attorney General continues to collaborate with its justice partners to provide access to front-line justice services, while ensuring that legal matters can continue to be addressed both in-person and remotely by the courts,” Senior Issues Manager and Press Secretary Andrew Kennedy said in a statement.

“As part of efforts to keep all court users safe and build a more accessible, responsive, and resilient justice system during COVID-19 and beyond, the Ministry established new and innovative ways of delivering services remotely and in person. Initiatives such as the expansion of online filing options and the introduction of videoconferencing and other technology have allowed court operations to continue throughout the pandemic and for the Small Claims Court to progressively expand the types and number of matters being heard. The Small Claims Court is currently back to normal operations.”

It's likely there will still be delays in getting cases through the small claims court system. However, if you are owed money and feel you have nowhere else to turn, small claims court may be an option.