DAMAGE TO PROPERTY

Situations for Filing a Claim for Damage to Property in Small Claims Court

Examples of property damage or loss valued at under $25,000 may include, but are not limited to:

  • damage to windows, doors and interiors or exteriors of homes, apartments, cottages or businesses
  • theft of contents such as jewellery, televisions, computers and merchandise
  • damage to automobiles
  • shoplifting

Generally, Damage to Property case possesses three elements:

  1. Lack of consent: The interference with the property must be non-consensual.
  2. Actual harm: The interference with the property must result in actual harm or loss.
  3. Intentionality: The interference with the property must be intentional.

According to the Parental Responsibility Act, parents financially responsible for property loss, damage or destruction intentionally caused by their children who are under 18 years of age. Victims of property crimes committed by minors follow the standard Small Claims Court process.

 

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