The desire to punish wrongdoers is universal and as old as humanity. While legal philosophers might wonder whether punishment can have an ultimate justification, courts in Canada have always sought to punish and to deter bad behaviour. Indeed, punitive damages have been awarded for longer than Canada has been a country. But never mind all that. How likely is Ontario Small Claims Court to impose punitive damages in your case?
The field of negligence is delineated by considerations of whether it is appropriate, or fair, for a duty of care to be imposed. Modern courts have worked to define and elaborate this duty. In so doing, they have sought to define and describe the essential aspects of the duty of care. This article examines the features of the tort of negligence, and the tests and rules that have developed and refined the tort, by applying them to a hypothetical scenario involving an automobile accident.
Courts have identified six types of damages that a wronged party can claim as compensation for loss or injury. Which types might Small Claims actually award a successful plaintiff? Here is a breakdown.
Rather than detailing a claim in a Form 7A, consider appending a schedule. The judge will have the substance of the claim in a clear, easy-to-read format. Here is a PDF of a sample schedule for a plaintiff's claim. Its elements are described below.
Have you been served with a Plaintiff's Claim in Chatham? If so, do not ignore it. A successful plaintiff could empty your bank account, garnish your wages, and even have your car or house seized and sold.