Overview

Emond Montgomery is pleased to announce the publication of the second edition of Small Claims Court: Procedure and Practice by Patricia Knight. This new text presents paralegal students with a step-by-step guide to trial preparation and trial presentation in the Small Claims Court. Key topics include the decision to sue, investigating claims, collection procedures, and the process of commencing the action, bringing it to trial, and enforcing judgments. The second edition incorporates the Rules of the Small Claims Court as amended on January 1, 2010 (when the monetary jurisdiction of Small Claims Court increased to $25,000) and addresses the professional standards of the Law Society of Upper Canada for Small Claims advocacy.

TopFeatures

Matches the Competency Profile for the Law Society of Upper Canada Paralegal Program Accreditation, which includes an understanding of:

• Civil procedure and how it applies to Small Claims Court (e.g., Rules of Civil Procedure, Small Claims Court Rules, Courts of Justice Act)
• Parties (persons or entities who can sue and be sued) and joinder
• The types of claims that come before the Small Claims Court
• The commencement and defence of proceedings (plaintiff’s and defendant’s claims)
• The rules regarding pleadings (e.g., content, time for delivery, form, purpose, amendment)
• Drafting pleadings
• Service of process
• Any notice and delivery requirements for specific documentary evidence (e.g., business records, medical and other expert reports)
• Disposition before trial (e.g., summary judgment, determination of issue before trial)
• Offers to settle and minutes of settlement
• Draft terms of settlement
• Pre-trial conferences
• Motions and applications in Small Claims Court
• Draft motion materials (e.g., notice of motion and affidavit)
• The Small Claims Court trial
• The types of evidence presented before the Small Claims Court
• Costs
• Procedures related to default proceedings (e.g., documentation, calculation of interest)
• Enforcement of judgments (e.g., examinations in aid of execution, writs of seizure and sale, writs of delivery, garnishment)

TopContent Summary

Acknowledgments

• 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 Conference
• Chapter 9: Trials and Assessment Hearings
• Chapter 10: Motions for New Trials and Appeals
• Chapter 11: Enforcing Small Claims Court Judgments

Appendix: Small Claims Court Timelines
Glossary
Index

TopAbout the Author

Patricia Knight is a full-time professor in the Paralegal (formerly Court and Tribunal Agent) program at Sheridan Institute and has many years of experience as a paralegal program coordinator and a lawyer.