Small Claims Court Is Not Simple Claims Court
It is known as the Small Claims Court rather than the Simple Claims Court because litigation for sums of money less than $35,000 can be as complicated, or even more so, than cases beyond the $35,000 limit of Small Claims Court (the limit of $35,000 became effective January 1 2020).
Just the same as with cases for sums beyond the $35,000 limit that are pursued in the higher court, a case in the Small Claims Court will involve the procedural law regarding the rules for the process of a legal matter as well as the substantive law that applies to the actual legal issue in dispute. The procedural law is known as the Rules of the Small Claims Court. The substantive law, being the legal basis for the issues in dispute, could contain almost any area of law such as contract law, tort law, employment law, consumer law, construction law, etc.
Generally, costs awards in Small Claims Court are limited to actual reimbursement for the expenses incurred for representation (lawyer, student-at-law, or...Learn More
Generally, the Rules of the Small Claims Court limit a costs award for reimbursement of legal fees paid to a qualified representative to fifteen (15%) percent...Learn More
The document disclosure processes of the Small Claims Court are often described as easy enough for a self-represented layperson without legal training;...Learn More
A good and proper pleading document, again whether the commencing document, being the Plaintiff's Claim or Statement of Claim, or even the responding Defence...Learn More
Upon settling a legal dispute, the law implies and expects that the party on the defensive will require a signed Release from the other party.Learn More
An Affidavit document is a document sworn or affirmed, under Oath, and a document for which the truthfulness of the statements within must be genuinely true.Learn More
Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...Learn More
Relying Upon Hearsay Is Risky Strategy One of the best examples of 'hearsay', and multiple layered hearsay at that, involves the character Simone...Learn More
The monetary jurisdiction of the Small Claims Court allows for each Plaintiff to bring claims up to the $35,000 limit; and accordingly, a Defendant may be...Learn More
Significant debate among legal practitioners often arises as to whether the Small Claims Court holds jurisdiction for claims brought seeking equitable relief. ...Learn More
Is a Defendant Required to Provide Notice of Intent to Rely Upon An Expiry of a Limitations Period? Where a Defendant Fails to Properly Plead a Limitations...Learn More