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Small Claims Court for Canadians

Small Claims Court for Canadians

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Published by Richard Day
This book will lead you step-by-step through all you need to know to represent yourself in small claims court — and win!
This book will lead you step-by-step through all you need to know to represent yourself in small claims court — and win!

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Published by: Richard Day on Jul 05, 2009
Copyright:Attribution Non-commercial

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06/09/2013

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Small Claims Courtfor the Everyday Canadian
Milena Celap,
B
.
S
c.,
LL
.
B
.,and Pamela J. Larmondin,
B
.
A
.,
LL
.
B
.
Self-Counsel Press
(a division of)
International Self-Counsel Press Ltd.Canada USA
 
iii
Contents
NOTICE TO READERS
xv
PROLEGOMEN
xvi
ACKNOWLEDGMENTS
xvii
1OVERVIEW OF SMALL CLAIMS COURT
11.What is Small Claims Court?12.Who Are the Players?23.How Does Small Claims Court Work?44.How Should You Use this Book?5
2BEFORE YOU SUE
61.Should You Sue?62.Is Small Claims Court Suitable for Your Case?82.1The type of claim92.2The amount of the claim93.Limitation and Notice Periods133.1The limitation period133.2The notice period164.Parties to Sue175.The Proper Court Office175.1Determining the correct territory185.2The case of many territories19
 
6.Are You a Person under Disability?206.1Who may be a litigation guardian?206.2Role of the litigation guardian206.3Commencing an action as a litigation guardian246.4Special powers of the court24
3PREPARING THE PLAINTIFF’S CLAIM
251.The Plaintiff’s Claim Form and Supporting Documents271.1The plaintiff271.2The defendant281.3Amount of claim281.4Type of claim291.5Reasons for bringing the claim292.Organizing Your Claim292.1Remedy sought302.2Facts in chronological order (Schedule A)332.3Documentary evidence (Schedule B)332.4Excerpts from legislation (Schedule C)343.Issuing the Plaintiffs Claim354.Serving the Plaintiffs Claim355.What Happens Next?366.Default Proceedings396.1Noting the defendant in default396.2Default judgment406.3Damages assessment and adjudication hearing417.Dealing with the Defence427.1Defendant admits liability for a portion of the claim427.2Defendant admits liability for the entire claim437.3Defendant disputes the entire claim438.Withdrawing the Claim439.After Judgment43
4THE DEFENCE AND DEFENCE-RELATED CLAIMS
461.Respond on Time462.Are You a Person under Disability?48
iv 
Small claims court for the everyday Canadian

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