Small Claims Court Practice and Procedure in Ontario, Rev'd Edition

Laurence Olivo, DeeAnn Gonsalves    

Captus Press, ISBN 978-1-55322-288-0 (2013)
750 pages, 1300 g, 7 X 10, $81.50 (US$65.25)
 

Suitable as a core textbook for litigation subjects in paralegal, law clerk, and other legal practitioner programs in Ontario.

Current as of July, 2013, Small Claims Court Practice and Procedure in Ontario, Revised Edition is the best textbook available for student paralegals and an invaluable resource for small claims court practitioners. Prepared in compliance with the new requirements and regulations set by the Law Society of Upper Canada for licensed paralegals, the book offers detailed descriptions and thorough explanations of the critical aspects of a small claim court case: starting from preliminary matters, such as assessing whether to sue, to post-judgment procedures, such as enforcing a judgment through garnishment.

In addition to practice and procedure, the book explores the major role played by small claims courts in collection cases involving unpaid consumer and commercial debts. Special attention is paid to debtor creditor law and the calculation of a creditor’s claim. The book also addresses how damages are determined and calculated in various types of cases. The Rules of the Small Claims Court along with the relevant sections of the Courts of Justice Act and the Paralegal Rules of Conduct are reproduced and explained throughout the text. Detailed examples of all major Small Claims Court forms along with explanations for their completion are provided.

Written by two experienced instructors and practitioners, the fundamentals of small claims court case are presented in a structured and accessible style. Accompanied with realistic and practical examples, student paralegals can understand the application of rules and forms and follow the process easily.

Each chapter includes both review questions that help students evaluate their knowledge and case study discussion questions that facilitate practical application. Searchable online websites and databases are provided as useful resources and enable readers to pursue an issue in greater depth. Appendices include the Days of the Year Chart for interest calculation, Rules of the Small Claims Court, Table of Forms, Schedule of court fees and allowances, pre and post-judgment interest tables, and a list of small claims courts and phone numbers, allowing for quick reference. Critical legal terms are included in the glossary for quick review.

Small Claims Court Practice and Procedure in Ontario, Revised Edition is an ideal teaching tool for instructors in Paralegal, Law Clerk, Legal Assistants, and Court and Tribunal Agent programs. Practising lawyers, paralegals, Small Claims Court Deputy Judges, independent and in-house collection agents, and anyone involved with the Small Claims Court will also find this to be a useful reference book.

Key Features

  • Paralegal essentials: checklists, sample communications, sample calculations of pre- and post-judgment interest, sample questions for court examination
  • Illustrations of court forms used in various stages
  • Real-life examples and situations paralegals encounter regularly: The love de-railed situation of Albert and Ophelia illustrates a case of one individual suing another. Other characters and cases are used to illustrate individual-to-business and business-to-business situations
  • Cross references to and discussions of the Paralegal Rules of Conduct applicable to small claims court matters

New in this edition:

  • Updated  section on writs of delivery.
  • Detailed new procedure for paying monies into court.
  • Added material on suing guarantors and on apportioning damages among defendants and some practice tips on the administrative dismissal of cases.
  • Updated rule on contempt.
  • Changes practices and procedures that are used in the courts but not apparent from the rules of procedure.
  • Updated formal law and procedural changes.

 

 

Table of Contents   top

I      Preliminary Matters

Chapter 1      Introduction to the Ontario Small Claims Court

Chapter 2      The Small Claims Court Client and the Client File

Chapter 3      Background Searches for the Small Claims Court File

Chapter 4      Introduction to Credit Transactions and Collections

Chapter 5      Determining Damages and the Amount Owing

II     Small Claims Court Proceedings:
       From Commencement of Proceedings to Trials

Chapter 6      Commencing Proceedings for the Plaintiff

Chapter 7      Default Proceedings

Chapter 8      Preparing Defences and Defendant’s Claims

Chapter 9      Repairs, Amendments, Motions, and Discontinuance

Chapter 10    Settlement

Chapter 11    Preparation for Trial and Trial

III    Judgment and Enforcement

Chapter 12    Judgment, Post-Judgment Motions, and Appeals

Chapter 13    Post-Judgment Considerations

Chapter 14    Writs of Delivery and Writs of Seizure and Sale

Chapter 15    Garnishment

Appendices • Glossary • Bibliography • Index

Click here for a detailed table of contents.

Instructor Resources   top

  • Detailed answers to all questions and case studies in each chapter.

Related Resources   top

About the Author   top

Laurence M. Olivo, BA, MA, JD, Member of the Ontario Bar, has practised as a civil litigation and family law lawyer in Toronto. He was employed by the Ministry of the Attorney General of Ontario as solicitor and staff trainer for the Family Support Plan and as Counsel, Policy Development Division. He has taught in the social sciences at York University, and in the social sciences and law programs at Seneca College. He has written numerous texts on a variety of legal subjects, as well as legal operations manuals and Internet legal course materials.

DeeAnn M.P. Gonsalves, BA, JD, Member of the Ontario Bar is a Deputy Judge of the Ontario Small Claims Court (Central East Region). She has practised as a civil litigation, criminal, family, and estates lawyer in private practice and acted as legal aid duty counsel in both the criminal and family courts. She teaches in the law clerk and paralegal programs at Seneca College. She has co-authored a text on debtor and creditor law and contributed two chapters on estates law to an introductory law text.