| Effective January 1, 2020, the monetary claims limit of the Small Claims Court will increase to $35,000. Currently, all claims over $25,000 must proceed in the Superior Court of Justice, a tremendously busy and overburdened court with jurisdiction over criminal, civil, and family cases.
The change may result in a reduction in wait times at the Superior Court of Justice, given that the Small Claims Court can now handle certain cases which would have otherwise fallen under the jurisdiction of the Superior Court of Justice. Time will tell whether this change has an overall positive impact on the condominium community.
The current Small Claims Court claims limit of $25,000 has been in effect since 2010 when it was increased from the previous $10,000 threshold.
Any plaintiff who has started a claim in the Superior Court can seek to transfer their case to Small Claims Court after January 1, 2020 if the claim falls within the monetary threshold. Claims between $35,000 and $100,000 will continue to fall under the jurisdiction of the simplified procedure of the Superior Court of Justice.
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