A Guide to Practice and Procedure in the Ontario Small Claims Court
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Anyone participating in a claim in Small Claims Court in Ontario – whether lawyer or paralegal, articling student or self-represented party – must have a keen understanding of the specific rules and procedures that apply to the small claims process, and that makes this new publication a must-read. Written by seasoned practitioner and Deputy Judge Beverley Martel, A Guide to Practice and Procedure in the Ontario Small Claims Court provides a unique perspective on the process, as well as valuable guidance.
Chronological and pragmatic
This useful civil litigation handbook offers a practical step-by-step analysis of the practice and procedure that govern the Small Claims Court in Ontario. Martel follows the process from beginning to end, and includes strategy, commentary, case law and precedents to illustrate her points and provide direction.
In particular, this volume features a number of resources – such as legislation, checklists and charts – that will help Small Claims Court participants and their advisors navigate the system more effectively. In A Guide to Practice and Procedure in the Ontario Small Claims Court you'll find:
- The applicable Rules and forms of the Small Claims court
- Handy copies of the relevant legislation, including the Courts of Justice Act, the Administration of Justice Act and the Limitations Act, 2002
- A checklist of pleadings
- A service of documents chart
- An invaluable list of possible judgment debtor examination questions
Who needs this book?While A Guide to Practice and Procedure in the Ontario Small Claims Court would be a useful acquisition for anyone appearing in Small Claims Court, it would be especially valuable for:
- Licensed paralegals who are advising and representing clients on a Small Claims Court claim
- Articling students and junior lawyers who are looking for a concise guide to assist in their practice
- Law schools and librariesthat want to provide a full selection of resources to users
Table of contents
Chapter 1 The history and nature of the Small Claims Court
Chapter 2 First steps
Chapter 3 The pleadings
Chapter 4 Judgment before trialChapter 5 Offers to settle : Rule 14
Chapter 6 Settlement conferences : Rule 13
Chapter 7 Costs : Rule 19
Chapter 8 Trial preparation
Chapter 9 Conduct of the trial
Chapter 10 The law of evidence: A crash course
Chapter 11 Motions for a new trial and appeals
Chapter 12 Enforcement – Rule 20
Chapter 13 Miscellaneous
Chapter 14 Last words
B. Small Claims Court forms
C. Courts of Justice Act
D. Administration of Justice Act Limitations Act, 2002
G. Pleadings checklistH. Limitations Act Acknowledgment
I. Service chart
J. List of commonly used statutes in small claims actions
K. Judgment debtor examination questions
L. List of Small Claims Court locations and phone numbers