Small Claims
Small Claims Court is a civil trial court. Its rules of procedure are (relatively) simplified. The maximum recoverable amount, excluding costs and interest, is currently $35,000.
A party to a small claims action, or their representative, should be familiar with the Rules of the Small Claims Court, particularly the rules pertaining to methods of service and procedural deadlines. Failing to meet a deadline may jeopardize a case and is likely to be costly. Never put off responding to a claim or motion.
A successful claim has a number of essential elements. Consider having a paralegal (or a student at law) draft, or at least review, your claim before it is issued and served.
If you have been served with a claim, even if you consider it frivolous, it is a good idea to consult a paralegal as soon as possible.
When malice came to wreck the "fair comment" defense: Sun Life et al. v. Dalrymple
Balancing free speech with reputation protection
Defamation law walks a fine line between safeguarding individual reputations and preserving the right to free expression. At its core, defamation occurs when a false statement of fact harms a person’s reputation. However, society recognizes that opinions—even critical ones—are essential to public discourse. This tension gave rise to the fair comment defense, which allows defendants to avoid liability if their statements qualify as honest, fair opinions based on disclosed facts.
A pivotal case in Canadian defamation law, Sun Life Assurance Co. of Canada et al. v. Dalrymple (1966 CanLII 18), clarified a critical limitation of this defense: malice can destroy it. This article summarizes the case, explains the fair comment defense, and dissects why malicious intent undermines its protections. By understanding Sun Life v. Dalrymple, individuals and businesses alike can better navigate defamation risks while exercising responsible free speech.
Practice note: Consent to Judgment
In an LSO webinar on Small Claims enforcement, Deputy Judge Marcel Mongeon suggested that parties might make use of a consent to judgment. This form of consent is commonly seen at Superior Court, but it never ocurred to me to make use of it at the lower court.
When drafting the Terms of Settlement (Form 14D), you might include language indicating that if the terms are not complied with, the parties consent to a summary judgment with costs and fees/disbursements included.
Including something akin to a draft order might better motivate the parties to obey the terms, and the consent might assist in the motion for a summary judgment.
How nasty can your Google Review be?
A couple in Ontario contracted Benchwood Builders to renovate their home. Things didn't go well, and Benchwood sought to place a lien on the property for unpaid bills.
When the couple discovered that Benchwood had posted photos of their home to showcase its work, the couple was not pleased.
Tips on drafting a Defence
Have you been served with a Plaintiff's Claim in Chatham or elsewhere in Ontario? If so, do not ignore it. A successful plaintiff could empty your bank account, garnish your wages, even have your car or house seized and sold. Begin drafting your defence immediately.
Damages in Small Claims Court
Courts have identified six types of damages that a person (or corporation) can claim as compensation for loss or injury. Which types might Small Claims actually award a successful plaintiff? Here is a break down.