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.
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.
Limits to cross-examination
As cross-examiner, you can (and should) be vigorous and thorough. It is not "abusive" to challenge a witness on unpleasant things, for example, their biases or their criminal record, as long as your question is asked in good faith and is not intended to mislead the witness. But there are limits.
Elements of a Plaintiff's Claim
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.
Essential elements of the tort of negligence
The field of negligence is delineated by considerations of whether it is appropriate, or fair, for a duty of care to be imposed. Courts in Ontario have defined and elaborated this duty. 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.