Small Claims Court: A Vehicle for Social Change and the Case for Equitable Relief

Small Claims Court has a long history in debt collection and a popular image as the “People’s Court.” This article examines a little known emerging function as a forum where pressing social issues are given voice and social policy is implemented on the grassroots level. The Ontario Small Claims Court is a recent recipient of this social policy mandate. Over the past fifteen years, the Ontario Legislature and Court of Appeal have directly or indirectly given the Small Claims Court new responsibility for implementing modern social policy in the areas of child supervision, discrimination, and privacy. This article examines the scope of the new responsibility and considers some of the challenges faced in adapting this simplified process to the new mandate