Claiming property in addition to the amount claimed
Defending a case
Claiming property in addition to the amount claimed
You may ask for the return of property connected with the claim in addition to the amount claimed. The property claimed must have a value not exceeding $15,000.
This is called a revendication of property in legal terms.
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Steps for the plaintiff
You may ask the person you are suing (the defendant) to return property that belongs to you and is in their possession. To do so, complete the “Claiming property” section in the Small Claims Division application form (SJ-870E).
Example
René owns a tool rental company. A client, Sébastien, rented several tools over the last year. However, Sébastien did not pay René as per their rental agreement. He owes René $2,200. Sébastien also failed to return the industrial compressor he rented from René several weeks ago now. René is therefore suing Sébastien in small claims court. He is claiming $2,200. In addition to the amount claimed, René is asking Sébastien to return the industrial compressor in his possession.
Steps for the defendant
Accept or contest the plaintiff’s revendication of property
The person suing you (the plaintiff) may ask you to return property that belongs to them and is in your possession. You may accept or contest all or part of their request. Different options are available depending on your situation. Complete the Response form to an action at the Small Claims Division (SJ-871E) to indicate your intentions.
Example
Steeve’s former employer is suing him for $8,500. After he was laid off, Steeve kept a laptop belonging to his employer. The laptop had been lent to him for work purposes. His former employer is asking Steeve to return the laptop, whose value is $1,500, in addition to the $8,500 claimed. Steeve agrees to return the laptop, but contests the claim for $8,500.
Ask the person suing you to return property that belongs to you
Monique is suing Paul, her former contractor, for $14,000 due to allegedly unsatisfactory work. Paul, meanwhile, claims he was not paid in accordance with the terms of the contract. In addition, materials were left at the job site and he was not able to get them back. In his cross-application, Paul is claiming $12,000 from Monique for unpaid work, and is also asking her to return his scaffolding and trailer, whose total value is $7,500.
