Commencement of Proceedings

Question 1

The Rules of the Small Claims Court provide that an action shall be commenced in the

Answer 1

• territorial division in which the cause of action arose
• in which the defendant/one of the defendants resides or carries on business,
• or at the court’s place of sitting that is nearest to the place where the defendant/one of the defendants resides or carries on business

Question 2

What is the plaintiff’s claim form?

Answer 2

Form 7A

Question 3

The plaintiff’s claim must be issues by the court in which

Answer 3

the claim will be commeneced and tried

Question 4

How is a claim commenced?

Answer 4

• File Form 7A with the clerk, with a copy of the claim for each defendant, unless claim is filed electronically
• clerk will then issue the claim by dating, signing and sealing it, and assigning a court file number.
• A claim shall be served within 6 months after the date it was issued, but the court may extend this time

Question 5

When can a claim be filed through the Small Claims Court E-filing Service Portal?

Answer 5

If any interest payable in relation to the claim is no greater than 35% per year, AND the defendant is not a person under disability.

Question 6

What is the purpose of a plaintiff’s claim?

Answer 6

• to give notice to the defendant(s) that an action has been commenced
• to identify the plaintiff and their legal rep, contact info
• to inform the defendant what the claim against them is about and what damages are being claimed

Question 7

What are the required contents of a plaintiff’s claim (Rule 7.01(2)1)?

Answer 7

• full names of the parties to the proceeding, the capacity in which they sue or are being sued
• the nature of the claim w reasonable certainty and detail, including date, place, and nature of the occurences in which the claim is based
• the amount of the claim and relief requested
• the name, address, telephone number and LSO registration number if any of the rep, OR if self represented, the plaintiff’s address, phone no, email address
• address where the plaintiff believes the defendant may be served
• any documents on which the plaintiff’s claim is based

Question 8

What is a defendant’s claim?

Answer 8

Rule 10.01(1): when a defendant to a plaintiff’s claim has a claim against the plaintiff and/or another person arising out of the transaction or occurence relied upon by the plaintiff or related to the plaintiff’s claim

Question 9

What form is a defedant’s claim?

Answer 9

Form 10A

Question 10

When must a defendant’s claim be issued?

Answer 10

Within 20 days after the day on which the defence is filed or after that time, but before trial or default judgement, w leave of the court.

Question 11

What are the required contents of a defendants claim?

Answer 11

• full names of parties to the def claim and the capacity in which they are suing/being sued
• nature of the claim incl the date, place and nature of the occurences on which the claim is bsed
• amount of the claim and relief requested
• name/contact info and LSO number of rep, or defendant’s info if self represented
• address where the defendant believes that each person against whom the claim is made might be served
• court file number assigned to the plaintiff’s claim