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.
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.