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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99473
Experience:  Lawyer
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My question is related to small claims court cases in Canada. The

Customer Question

My question is related to small claims court cases in Canada.
The seller (a business) failed to fully deliver the product as agreed to by both parties (buyer and seller) and refuses to reimburse the amount, $3,000.
When filing the claim with the Small Claims Court, in addition to the $3,000 as per contract, how do I assess how much to request for 1.punitive damages and also 2. for the inconvenience created?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
What province is this please?
Customer: replied 1 year ago.
Ontario. Thank you.
Expert:  Debra replied 1 year ago.
There is no likelihood that you will get punitive damages for this type of case in Small Claims Court. You can get an order for the damages you incurred that are reasonable, foreseeable and quantifiable. The court may give you a very small award for inconvenience but that is all. You can get an order for your costs which would include something for your time. I know this is not what you wanted to hear but simply telling you what you want to hear is not going to help you. I am a senior lawyer in Ontario and want to give you a realistic, honest and correct answer.
Customer: replied 1 year ago.
Thanks for your response but it is still unclear to me whether any punitive damages or other costs should be included in the Plaintiff's claim or simply just include the amount owed as per contract and let the judge decide whether any punitive damages and/or costs re: incovenience should be allowed. Long-story short - ordered a kitchen, business only delivered the kitchen frame (boxes) and did not want to finish the job or refund partial payment we made of $3,000. That delay caused a lot of inconvenience given that we had live without a kitchen and eat out for a long period of time. Based on in-person legal advice, we were told that this business has violated the unfair pratices provisions of the Consumer Protection Act.
Expert:  Debra replied 1 year ago.
You would claim damages in your claim and list what they are for. You would be able to list what the damages are so you would claim the specific amount and then add a claim for damages for inconvenience. Then at the end you would ask for costs pursuant to the Courts of Justice Act.

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