
Small Claims Court Lawyer's Services and Small Claims Court
Procedure.
Small Claims Court action is initiated by the plaintiff who requests
the Small Claims Court registrar to issue a plaintiff's claim and
serves a copy of the Plaintiff's Claim on a defendant. The defendant
has 20 days to file their Small Claims Court Defence to the
Plaintiff's Claim. If the defendant fails to file the Small Claims
Court Defence, the plaintiff may require the registrar to note the
defendant in default and proceed to obtain a default judgment
against the defendant. The defendant can also initiate an action
against the plaintiff by issuing a Defendant's Claim and serving it
on the plaintiff.
After last Small Claims Court Defence has been
filed, the court schedules a Settlement Conference. The
purpose of the conference is to arrange a meeting of the parties
before judge to discuss the potential settlement of the action.
If the action is not settled, a party can
schedule a Small Claims Court Trial. At trial, the parties
have to produce credible testimony and evidence to convince the
judge to make decision in their favour. The judge may award
costs to successful party, which is recovery of the party's legal
fees.
Unsuccessful party may Appeal the Small Claims
Court Judgment to the higher court within time limits prescribed by
the law. The appellant must issue a Notice of Appeal with the
grounds for appeal, file the Appellant's Book and Appellant's Factum
with the party's legal argument.
The Small Claims Court Lawyer may assist the
litigants with the following services:
Consultation
Demand
Letter
Plaintiff's
Claim
Default
Judgment
Defendant's
Claim
Defence
Motion
Affidavit
Adjournment
Settlement
Trial
Enforcement
Appeal
Claims
of $10,000+
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