NCJ Number
59529
Date Published
Unknown
Length
34 pages
Annotation
THIS CANADIAN BOOKLET GUIDES THE LAYPERSON IN UNDERSTANDING AND USING SMALL CLAIMS COURTS AND THE SERVICES THEY PROVIDE.
Abstract
THE SMALL CLAIMS COURT IS A LITTLE KNOWN BUT VERY IMPORTANT PART OF THE COURT SYSTEM IN ONTARIO AND PROVIDES AN INEXPENSIVE, INFORMAL FORUM FOR RESOLVING DISPUTES WHICH MAY BE SMALL IN MONETARY TERMS, BUT WHICH CAN BE SIGNIFICANT TO THE PARTIES INVOLVED. IT HANDLES CLAIMS UP TO $1,000. SMALL CLAIMS COURTS OFFICIALS INCLUDE THE CLERK, BAILIFF, AND REFEREE. EXAMPLES GIVEN OF THE TYPES OF DISPUTES HEARD IN SMALL CLAIMS COURTS SHOW THAT CLAIMS ARE BROADLY DIVIDED INTO TWO TYPES--DEBT OR MONEY DEMAND OR DAMAGES. A LIST OF THE TYPES OF CLAIMS MOST FREQUENTLY MADE IN THE COURT AND THEIR LIMITATION PERIOD IS PRESENTED AS WELL AS ADVICE ON CHOOSING THE RIGHT COURT, DIVIDING A CAUSE OF ACTION, AND THE STEPS TO BE TAKEN IN ENTERING A CLAIM. CHOICES THAT ARE AVAILABLE IF A SUMMONS IS SERVED AND THE RECIPIENT BELIEVES THAT THE JUDGMENT IS FAIR, UNFAIR, THE AMOUNT SETTLED ON IS EXORBITANT, OR THE FACTS ARE MISCONSTRUED. ARE OUTLINED, AS ARE STEPS TO TAKE IF A DEFAULT JUDGMENT HAS BEEN OBTAINED. IN ADDITION, THE BOOKLET PROVIDES ADVICE ON HOW TO PREPARE FOR A TRIAL AND DESCRIBES COURT PROCEDURE. IT SUMMARIZES THE METHODS AVAILABLE FOR COLLECTING AN UNPAID JUDGMENT THROUGH THE SMALL CLAIMS COURT AND DETAILS THE TWO TYPES OF APPEALS TO A HIGHER COURT WHICH MAY BE MADE FROM A SMALL CLAIMS COURT JUDGMENT. LASTLY, IT INSTRUCTS THE READER ON HOW TO APPLY FOR A CONSOLIDATION ORDER IF A PERSON HAS THREE OR MORE SMALL COURTS COURT JUDGMENTS OUTSTANDING. A GLOSSARY OF LEGAL TERMS USED IN THE GUIDE IS INCLUDED. THE BOOKLET IS ILLUSTRATED WITH LINE DRAWINGS. (MJW)