Intro to Small Claims (Ch. 1)

Question 1

A proceeding brought in a court

Answer 1

Action

Question 2

A person who commences or defends an action or proceeding

Answer 2

Party

Question 3

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

Answer 3

litigant

Question 4

A party who commences a civil action

Answer 4

Plaintiff

Question 5

The party who defends a civil action

Answer 5

Defendant

Question 6

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

Answer 6

Superior Court of Justice

Question 7

What kind of actions can Small Claims Court hear?

Answer 7

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

Question 8

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

Answer 8

The owners, senior officers, or directors

Question 9

Which form is used for a plaintiff’s claim?

Answer 9

Form 7A

Question 10

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

Answer 10

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

Question 11

Another word for plaintiff; anyone who commences a claim

Answer 11

Claimant

Question 12

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

Answer 12

Infrequent claimant - frequent claimant files more than 10

Question 13

How are claimants charged filing fees?

Answer 13

According to the frequency of their court use

Question 14

How much are infrequent claimants charged to file a claim?

Answer 14

$102 per claim

Question 15

How is a frequent claimant charged to file?

Answer 15

$215 for the tenth and subsequent claims

Question 16

Who pays for the costs of litigating?

Answer 16

The parties themselves

Question 17

Can a plaintiff represent themselves in Small Claims Court?

Answer 17

Yes

Question 18

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

Answer 18

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

Question 19

Which statute establishes and governs the court system in Ontario?

Answer 19

The Courts of Justice Act

Question 20

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

Answer 20

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

Question 21

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

Answer 21

Sections 22 to 33.1

Question 22

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

Answer 22

Legal jurisdiction

Question 23

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

Answer 23

Monetary jurisdiction

Question 24

The geographical area over which a court has legal authority

Answer 24

Territorial jurisdiction

Question 25

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

Answer 25

Costs (awarded in addition to any other relief)

Question 26

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

Answer 26

Legal fees

Question 27

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

Answer 27

Disbursements

Question 28

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

Answer 28

*Administration of Justice Act*

Question 29

What is the maximum recoverable limit in Small Claims Court?

Answer 29

$35,000 (exclusive of interest and costs)

Question 30

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

Answer 30

* 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

Question 31

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

Answer 31

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

Question 32

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

Answer 32

Justice

Question 33

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

Answer 33

* a provincial judge * a deputy judge * a person appointed as a Small Claims Court administrative judge

Question 34

Who are provincial judges appointed by?

Answer 34

Provincially by the lieutenant govenor

Question 35

At what time does an appointment to the bench end?

Answer 35

* compulsory retirement at 75 * when a judge retires * is dismissed for serious wrongdoing * becomes incapacitated * dies

Question 36

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

Answer 36

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

Question 37

What is the general mandate of Small Claims Court?

Answer 37

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

Question 38

What regulation covers the procedural rules for Small Claims Court?

Answer 38

The *Rules of the Small Claims Court*

Question 39

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

Answer 39

Question of law

Question 40

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

Answer 40

Question of fact

Question 41

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

Answer 41

Allegation

Question 42

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

Answer 42

Lawyer

Question 43

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

Answer 43

Paralegal

Question 44

The governing body of the Law Society of Ontario

Answer 44

Convocation

Question 46

What type of evidence is permissible in Small Claims Court?

Answer 46

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

Question 47

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

Answer 47

Hearsay

Question 48

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

Answer 48

Lump-sum payment

Question 49

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

Answer 49

Installment (or partial) payments

Question 50

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

Answer 50

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

Question 51

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

Answer 51

* 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

Question 52

Can a decision from the Small Claims Court be appealed?

Answer 52

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

Question 53

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

Answer 53

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

Question 54

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

Answer 54

Notice

Question 55

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

Answer 55

Notice period

Question 56

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

Answer 56

Default judgement

Question 57

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

Answer 57

Liberally construed

Question 58

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

Answer 58

Balance of convenience

Question 59

Interpret

Answer 59

Construe

Question 60

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

Answer 60

Strict construction

Question 61

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

Answer 61

Liberal construction (aka equitable construction)