Ontario Small Claims Court - A Practical Guide
While there have been books dealing with the rules of Small Claims Court, there hasn't been a comprehensive handbook that teaches readers how to litigate a small claims case - from start to finish. Written by an experienced Toronto Small Claims Court judge and college legal educator, this "how to" book takes the mystery out of the Small Claims Court process. This much-needed civil law guidebook teaches the reader about every major step that's followed in Small Claims Court, from bringing a claim, to defending a suit, to enforcing a judgment.
This Book Features
- A detailed overview of every major stage of a Small Claims Court hearing: what happens before trial (Part I), during trial (Part II), and after trial (Part III)
- When teaching readers about the content of pleadings, the best way is to show them how to complete them: this book contains completed pleading forms: the Plaintiff's Claim (Form 7A), the Defence to the Plaintiff's Claim (Form 9A), the Defendant's Claim (Form 10A) and the Defence to the Defendant's Claim (the same Form 9A)
- With cross-referencing to court rules and procedures, this book contains everything a litigant needs to know about successfully maneuvering through Small Claims Court
- While the explanation of the rules and procedures refers to Ontario Small Claims Court, it could easily apply to other provincial Small Claims Courts since the rules are similar
What Makes This Book Unique?
- Other Small Claims Court books deal with the rules of court, and provide an annotation of the rules. But no other book teaches or explains the intricacies of the Small Claims Court process as thoroughly as this guidebook
- With the increase in the monetary jurisdiction of the Small Claims Court from $10,000 to $25,000, it's no surprise that the Small Claims Court in Ontario is the province's busiest: there is a desperate need for a book that clearly and succinctly sets out the rules and procedures for the benefit of the unrepresented litigant, the paralegal and the lawyer
- As a Small Claims Court judge with 17 years of judicial experience, the author is forever teaching the self-represented about the procedures of court; he is aware of what litigants need to know, in order to successfully argue or defend their cases
- Targeted for an audience of both lawyers and non-lawyers, the book is written in plain English, with detailed explanations of the phrases and terms litigants must know during the Small Claims Court process
Who Should Read This Book
- General practitioners and paralegals - with the increase in the judgment ceiling in Small Claims Court, this venue is now busier than ever before. No other book teaches, in a practical manner, all the major steps a lawyer needs to follow in order to prepare for, argue (or defend), and enforce a judgment in Small Claims Court
- Self-represented litigants - this book is easy-to-read, written in plain sentences so that non-lawyers can understand and absorb the concepts and procedures taught in the book
- Articling, law and paralegal students - students studying the small claims court process will find this book handy and easy to use. Sample pleadings have been completed, and other forms, which are available on line, have been referenced. The chapters are logically organized according to every major stage in the Small Claims Court process
Table of contents
Part I - Before Trial
Chapter 1: What Kind of Court is the Small Claims Court and What Does it Actually Do?
Chapter 2: May One Bring His Grievance in Any Small Claims Court, or is the Choice of Small Claims Court Restricted in Some Way?
Chapter 3: Who Can Sue, and Be Sued, in the Small Claims Court?
Chapter 4: How Does One Commence a Lawsuit in the Small Claims Court?
The Plaintiff's Claim
Chapter 5: How Does the Defendant Reply to a Plaintiff's Claim?
Chapter 6: The Defendant's Claim
Chapter 7: Service of Documents
Chapter 8: Default Proceedings
Chpater 9: Amending, or Striking Out, Pleadings Before Trial
Chapter 10: The Settlement Conference
Chapter 11: Offer to Settle
Part II - At Trial
Chapter 12: Failure to Appear for Trial, Setting Aside Judgments and Adjournments
Chapter 13: Evidence in Small Claims Court
Chapter 14: Judgment
Part III - After Trial
Chaper 15: Appeals
Chapter16: Enforcement of Orders for the Payment or Recovery of Money or the Recovery of Possession of Personal Property
Chapter 17: Motions