Claims over $30,000
The ORT cannot make an award exceeding $30,000. If your claim exceeds $30,000, you have two choices:
- You can sue in the Court of Queen’s Bench for the full amount; or
- You can waive the amount over $30,000 and make the claim in the ORT.
For example, an applicant claims that they are owed $37,000. The applicant can use the Abandonment of Claim in Excess of $30,000 form to waive any amount over $30,000, and pursue the claim in ORT. If the hearing officer finds fully in the applicant’s favour, the award can only be $30,000. Note that the applicant should come prepared to prove all $37,000 in claims. Some of the claims may be disallowed, but others may succeed. If the hearing officer finds that the total damages are equal to or exceed $30,000, the applicant will receive the maximum award of $30,000. The $30,000 awarded will wholly satisfy the whole of the $37,000 claimed. The excess of $7000 is waived forever. Note that you may not split your claims and make two claims; for example, one for $17,000 and one for $20,000.
Limitation Period
You cannot wait indefinitely to make a claim. They must be brought within two years.
Fees
There is no fee for a landlord to claim a security deposit, or for a tenant to dispute a landlord's claim to the security deposit. The fee for all other applications is $50.
Fees may be waived. Use the Application for Fee Waiver to apply for a Fee Waiver Certificate under The Fee Waiver Act.
Other considerations
If you are claiming money, you should consider whether the claim justifies the time, effort and some expense on your part. There is no guarantee of collecting on any judgment you might obtain. If the respondent has no job or assets, and no prospects of either, there may be no means to collect, even if you succeed. The ORT is not a collection agency. An order for payment of money is a legal determination by the ORT who owes money and how much. If the debt is not paid voluntarily, the order may be registered with the courts and enforced through the sheriffs. The sheriffs will need information about where to find assets or income that can be seized.