Description

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.