What types of property damage claims can be heard in Small Claims Court?
Small Claims Court can hear claims for damage to real or personal property valued at up to $50,000. Common examples include vehicle damage, water damage to property, damage during moving or storage, vandalism, and damage caused by defective products.
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PROPERTY DAMAGE CLAIMS
Recovering the Cost of Damage
When someone’s negligence, recklessness, or intentional conduct damages your property, you have the right to recover the cost of repair or replacement. Property damage claims in Ontario’s Small Claims Court are governed by the law of negligence (duty of care, breach, causation, and damages) and, where applicable, the torts of trespass to goods and nuisance.
At Lexaltico LLP, we handle property damage claims arising from motor vehicle incidents, water damage caused by neighbours, damage to personal property during moving or storage, vandalism, and contractor negligence. We quantify your loss with repair estimates, replacement values, and, where necessary, lawyer appraisals.
NEGLIGENCE
Proving Fault & Causation
To succeed on a negligence claim, the plaintiff must establish that the defendant owed a duty of care, breached that duty by failing to meet the standard of a reasonable person, and that the breach caused the plaintiff’s loss. The landmark decision in Anns v. Merton London Borough Council, adopted by the Supreme Court of Canada in Cooper v. Hobart, provides the framework for establishing a duty of care in novel situations.
Where contributory negligence is raised, damages may be apportioned under the Negligence Act. We advise clients on both liability and the allocation of fault to ensure the strongest possible recovery.
INSURANCE SUBROGATION
Acting for Insurers & Insureds
When an insurer compensates a policyholder for property damage, the insurer acquires the right of subrogation, the right to pursue the at-fault party for reimbursement. Lexaltico LLP acts on subrogation claims for both insurers and insureds, including claims for water damage, fire damage, vehicle damage, and damage to commercial property.
Where the insured has an uninsured portion of the loss (such as a deductible), we pursue recovery for the full amount and ensure the insured receives their share first, consistent with the principles confirmed in Somersall v. Friedman.
Common Questions
Frequently Asked Questions
What types of property damage claims can be heard in Small Claims Court?
Small Claims Court can hear claims for damage to real or personal property valued at up to $50,000. Common examples include vehicle damage, water damage to property, damage during moving or storage, vandalism, and damage caused by defective products.
How are damages calculated for property damage?
Damages are typically measured by the lesser of the cost of repair or the diminution in value. If the property is destroyed, you may recover the fair market value at the time of loss, less any salvage value. Consequential losses such as loss of use may also be recoverable.
What is insurance subrogation?
Subrogation is the right of an insurer that has paid a claim to step into the shoes of the insured and pursue the at-fault party. The insurer recovers its payout, and any uninsured portion (such as the deductible) is recovered for the insured.
What if the damage was partly my fault?
Under the Negligence Act, if you are partly at fault, your damages will be reduced by your percentage of fault. For example, if you are found 20 percent at fault and your damages are $10,000, your recovery would be $8,000.
Do I need a repair estimate to file a claim?
While not strictly required at the filing stage, a written repair estimate or appraisal significantly strengthens your claim. We recommend obtaining at least two estimates from qualified professionals before or shortly after filing.
What is the limitation period for a property damage claim?
Under the Limitations Act, 2002, property damage claims must generally be commenced within two years of the date the damage was discovered or ought to have been discovered. For ongoing damage (such as a persistent water leak), the limitation period may be complex.
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Talk to Us About Property Damage Claim
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Immigration Regulatory Body: CICC
Immigration consulting services are provided by Regulated Canadian Immigration Consultants (RCICs) in good standing with the College of Immigration and Citizenship Consultants (CICC) under the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292.
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The complimentary 15-minute initial assessment is a brief introductory conversation. It does not include a review of your documents and does not constitute legal advice. Lexaltico LLP charges a fee for substantive consultations, including civil litigation, criminal defence and immigration matters; the firm may waive that fee at its discretion. Any fee is disclosed in advance and credited in full toward your account if you retain the firm. Documents are reviewed and advice given only at a paid consultation or once the firm has been retained. No solicitor-client relationship arises, and no duty of confidentiality applies, until confirmed in writing.
Referral Fees: LexKonnect
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
Limitation Periods
Failure to commence proceedings within applicable limitation periods may permanently bar your claim. In Ontario, the general limitation period is two (2) years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Seek legal advice promptly.
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Not everyone at the firm is a lawyer. Licensed paralegals in Ontario may act only within the scope permitted by the Law Society of Ontario, which does not include most family, estate or criminal matters. Immigration consulting may be provided by Regulated Canadian Immigration Consultants, who are not lawyers. Each page and each biography states which applies. Ask us at the outset who will handle your matter and under which licence.
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Lexaltico LLP
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How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
What we collect
What you give us
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Past results depend on their own facts and do not predict yours.
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The difference is practical rather than technical. A page explaining that spousal support is
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To the fullest extent the law permits, Lexaltico LLP is not liable for any loss arising from your
use of, or reliance on, anything published on this website.
Governing law
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Every limit on what this website tells you, and every thing it does not do, in one
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Before you rely on anything here
Four limits, and they matter in this order.
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speaking to a lawyer licensed in your jurisdiction about your own circumstances.
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These pages describe the law of Ontario, and of Alberta only
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Each page states the law as at the review date shown on it. Legislation is amended and case law
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These pages describe how a rule usually works. That is not the same as how it applies to your
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If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
