Small Claims Court: Procedure and Practice, 4th Edition

 
Small Claims Court: Procedure and Practice, 4th Edition
Author(s):
 
ISBN:
978-1-77255-160-0
 
Publisher:
Emond Publishing
 
Page Count:
616
 
Status:
Available
 
Publication Date:
February 2017
 
Subjects:
Civil Litigation and Procedure; Law Clerk; Paralegal
 
 
 
 
 

The fourth edition of Small Claims Court: Procedure and Practice has been updated to reflect changes to Small Claims Court forms and rules, and features a more clear and concise treatment of policies and related resources.

Each chapter covers a stage of a proceeding in Small Claims Court, from initial client consultations to enforcement of judgement. All procedural descriptions closely adhere to the actual language of the Rules and make reference to the Courts of Justice Act, any applicable regulations, and relevant case law. Flow charts and other visual elements are also included to demonstrate different procedures, including how to obtain default judgement in liquidated and unliquidated claims.

Key changes in this edition address the provisions for electronic issuance and filing of documents, specifically documents concerning claims from plaintiffs, proof of service in default proceedings, affidavits for jurisdiction, notices of motion, clerk requests, amended claims, and writs of seizure and sale. This text has also been updated to reflect modifications to Rule 12, regarding the court’s ability to stay or dismiss actions and motions if they are deemed to be inflammatory, a nuisance, or an abuse of the court’s process. Additionally, forms and calculations have been amended in observation of the changes to the Small Claims Court fees that took effect in November 2016.

While this text specifically targets the needs of paralegals, this information also benefits licensees and lawyers who are looking for guidance on how to read and apply the rules of the Small Claims Court.

  • Updates for May 2016 changes to the rules regarding electronic filing
  • Updates for November 2016 changes to Small Claims Court fees
  • Incorporates the O.Reg 44/14 amendments, including Rule 12.02(3) which empowers Small Claims Court judges, on their own initiative, to strike out or amend a document
  • Includes flow charts to provide the reader a “snap shot” of the steps to be followed in certain procedures
  • Revisions to material regarding Rule 8 (service of documents)
  • Attaches documents to some pleadings to show what documentary disclosure actually looks like
  • Provides more pre- and post-judgement interest calculations, with a standard format for performing the calculation
  • Includes margin glossary of key terms

Chapter 1: Introduction to Small Claims Court
Chapter 2: You and Your Client
Chapter 3: Acting for the Plaintiff: Preliminary Considerations
Chapter 4: Acting for the Plaintiff: Commencing the Action
Chapter 5: Acting for the Plaintiff: Default Proceedings
Chapter 6: Acting for the Defendant
Chapter 7: Motions
Chapter 8: Offers to Settle and Settlement Conferences
Chapter 9: Assessments Hearings, Trials, and Motions After Trial
Chapter 10: Enforcing Small Claims Court Judgements

Appendix A: the Courts of Justice Act excerpt, s. 22 to 31
Appendix B: The Rules of Small Claims Court
Appendix C: The Small Claims Court Forms
Appendix D: The Small Claims Court Fees
Appendix E: Kilometre Allowances

 
 
 
 
Prices and Formats
 

Small Claims Court: Procedure and Practice, 4th Edition

Format: Print
Cover: Softcover
Colour: Two Colour
Status: Available
ISBN/ISSN:978-1-77255-160-0P

Price: $112.00
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Small Claims Court: Procedure and Practice, 4th Edition ebook (Extended)

Format: Digital
Cover: Online
Colour: Two Colour
Status: Available
ISBN/ISSN:978-1-77255-162-4P

Price: $81.00
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Small Claims Court: Procedure and Practice, 4th Edition ebook (1 Year)

Format: Digital
Cover: Online
Colour: Two Colour
Status: Available
ISBN/ISSN:978-1-77255-161-7P

Price: $62.00
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