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Small Claims > Intro to Small Claims (Ch. 1) > Flashcards

Intro to Small Claims (Ch. 1) Flashcards

1
Q

A proceeding brought in a court

A

Action

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2
Q

A person who commences or defends an action or proceeding

A

Party

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3
Q

A party to a civil action; someone engaged in civil litigation

A

litigant

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4
Q

A party who commences a civil action

A

Plaintiff

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5
Q

The party who defends a civil action

A

Defendant

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6
Q

In Ontario, Small Claims Court is a division of the ________________.

A

Superior Court of Justice

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7
Q

What kind of actions can Small Claims Court hear?

A

Civil actions only - where one party commences an action against another party/parties for private relief

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8
Q

Who may give evidence on behalf of a sole proprietorship, partnership or corporation?

A

The owners, senior officers, or directors

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9
Q

Which form is used for a plaintiff’s claim?

A

Form 7A

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10
Q

What do you do if there is more than one plaintiff or defendant when filling out Form 7A?

A

Tick the box marked “Additional plaintiff(s)/defendant(s) listed on attached From 1A”

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11
Q

Another word for plaintiff; anyone who commences a claim

A

Claimant

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12
Q

Anyone who files fewer than ten Small Claims Court claims in a Small Claims Court office on or after Jan. 1 in any calendar year

A

Infrequent claimant - frequent claimant files more than 10

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13
Q

How are claimants charged filing fees?

A

According to the frequency of their court use

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14
Q

How much are infrequent claimants charged to file a claim?

A

$102 per claim

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15
Q

How is a frequent claimant charged to file?

A

$215 for the tenth and subsequent claims

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16
Q

Who pays for the costs of litigating?

A

The parties themselves

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17
Q

Can a plaintiff represent themselves in Small Claims Court?

A

Yes

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18
Q

Is there relief for individuals who cannot afford to pay court fees?

A

Those financially eligible can apply for a fee waiver.
Litigation guardians may request fee waivers on behalf of persons under disability.

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19
Q

Which statute establishes and governs the court system in Ontario?

A

The Courts of Justice Act

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20
Q

What types of regulations are covered by the Courts of Justice Act?

A
  • procedural rules for Ontario courts
  • salaries of provincial court judges
  • monetary jurisdiction of Small Claims Court
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21
Q

Which sections of the the Courts of Justice Act cover the general principles governing Small Claims Court?

A

Sections 22 to 33.1

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22
Q

The authority to hear certain types of matters and to make certain types of orders

A

Legal jurisdiction

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23
Q

The amount of money that the court may order one party to pay another, not including interest and costs

A

Monetary jurisdiction

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24
Q

The geographical area over which a court has legal authority

A

Territorial jurisdiction

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25
Q

The expenses connected with a legal proceeding; include a party’s disbursements, including court filing fees and, if the party is represented, legal fees

A

Costs (awarded in addition to any other relief)

26
Q

Fees charged by a lawyer or paralegal for legal representation and advice

A

Legal fees

27
Q

The out-of-pocket expenses of a legal proceeding; these include court filing fees, charges for service of documents, photocopying charges, postage, experts’ reports, etc

A

Disbursements

28
Q

Small Claims Court fees and allowances are found in the regulations to the ______________.

A

Administration of Justice Act

29
Q

What is the maximum recoverable limit in Small Claims Court?

A

$35,000 (exclusive of interest and costs)

30
Q

How can an action in the Superior Court of Justice be transferred to Small Claims Court?

A
  • before trial, the party requesting the transfer must obtain written, signed consent forms from all other parties
  • fill out and file Form 4E with the consents
  • requesting party must pay a court fee to transfer
31
Q

What can be done if the other party does not consent to transferring to Small Claims?

A

The party can bring a motion to the Superior Court of Justice for permission to transfer

32
Q

In Small Claims Court, this is the same as a judge; this, “judge” and “Court” are often used interchangeably in reported decisions

A

Justice

33
Q

In addition to the judges of the Superior Court of Justice, a proceeding in Small Claims may also be hear and determined by who?

A
  • a provincial judge
  • a deputy judge
  • a person appointed as a Small Claims Court administrative judge
34
Q

Who are provincial judges appointed by?

A

Provincially by the lieutenant govenor

35
Q

At what time does an appointment to the bench end?

A
  • compulsory retirement at 75
  • when a judge retires
  • is dismissed for serious wrongdoing
  • becomes incapacitated
  • dies
36
Q

How long are deputy judges and Small Claims administrative judges appointed for?

A

Deputy judges - 3 years
Admin judges - 5 years
Both can be renewed

37
Q

What is the general mandate of Small Claims Court?

A

That all parties are entitled to resolution in a fair and reasonable way, without undue delay and without being hindered or prejudiced by complex, expensive, and time consuming procedures

38
Q

What regulation covers the procedural rules for Small Claims Court?

A

The Rules of the Small Claims Court

39
Q

An issue that requires the application or interpretation of a law or legal principle; in both jury and non-jury trials, these are determined by judges

A

Question of law

40
Q

A factual dispute, to be determined based on the evidence at trial; in jury trials, these are determined by the jury; in non-jury trials, these are determined by the trial judge

A

Question of fact

41
Q

An assertion made in a pleading by a party to an action, setting out what she hopes to prove

A

Allegation

42
Q

A person who has been called to the Bar of Ontario and who is licensed to practice law in Ontario

A

Lawyer

43
Q

A non-lawyer who is licensed to provide legal services in permitted areas of practice to clients for a fee in Ontario

A

Paralegal

44
Q

The governing body of the Law Society of Ontario

A

Convocation

45
Q
A
46
Q

What type of evidence is permissible in Small Claims Court?

A

Any evidence that is relevant and not unduly repetitious - regardless of whether that evidence would be admissible in any other court

47
Q

Unverified, unofficial information gained from a third party rather than from direct knowledge; inadmissible in most courts, but permissible in Small Claims Court

A

Hearsay

48
Q

A one-time payment of the full amount owing or a portion thereof

A

Lump-sum payment

49
Q

A partial payment of a sum of money owing, at regular intervals over a period of time, until the amount owed is paid in full

A

Installment (or partial) payments

50
Q

What is the limit on costs according to section 29 of the Courts of Justice Act?

A

shall not exceed 15% of the amount claimed or the value of the property to be recovered (not including disbursements)

51
Q

How can one potentially obtain the maximum award of costs for Small Claims Court? ($5,250)

A
  • be represented
  • claim $35,000 and have successful trial
  • have incurred fees of at least $5,250
  • during submissions, produce persuasive evidence that the amount of costs in $5,250 or more
  • during submissions as to cost, persuade the judge that the max award is appropriate
52
Q

Can a decision from the Small Claims Court be appealed?

A

Yes, to the Divisional Court if the original claim was over $3,500

53
Q

Can you have a copy of the Rules when appearing before any court or tribunal?

A

Yes - and you should always have a copy of the rules of that court or tribunal handy

54
Q

Making a party aware of a pending procedural step or other matter; usually done by service of documents on other parties

A

Notice

55
Q

The period of time established by the Rules for serving documents on other parties to give them notice of a pending procedural step or other matter

A

Notice period

56
Q

A judgement obtained by a plaintiff against a defendant who has been properly served with a plaintiff’s claim but fails to file a defence within the required time

A

Default judgement

57
Q

Interpreted without undue emphasis on strict compliance with all procedural requirements and technicalities of the Rules, with a view to bringing about a resolution that is just and fair to all parties within a reasonable time

A

Liberally construed

58
Q

A common law test; a court applying this test will balance the prejudice toward one party of denying the relief asked for against the prejudice toward the opposing party if the relief is granted

A

Balance of convenience

59
Q

Interpret

A

Construe

60
Q

Reading and application of a rule using its exact text, technical meaning; aka “narrow construction”

A

Strict construction

61
Q

Reading and application of a rule beyond the precise meaning of the language in order to implement the principles behind the Rules

A

Liberal construction (aka equitable construction)

Small Claims (1 decks)

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