Ontario Small Claims Court Practice features comprehensive commentary pertaining to the Rules and Forms of Small Claims Court in Ontario.

Features:

• Simplified, plain language overviews — A self-help chapter outlines the practicalities of going the small claims route both for quick references and help in explaining the process to others
• Easy-to-follow flow charts — Guides you through the process of bringing or defending a claim, and outlines your options at each stage
• A detailed practice and procedure guide — You'll find a thorough explanation of every aspect of bringing or defending a claim

Aspects covered include:

• Fees and costs
• Going to the right court
• Flow charts
• Paralegals
• Settlement conferences
• Enforcement proceedings
• Contempt hearings
• Orders from other courts and jurisdictions
• Unrepresented litigants
• Role of the Judge

Practice Advisor for Ontario Small Claims Court Practice will be provided every three months by email to standing order subscribers upon request, at no extra cost.

New in this Edition:

All legislative amendments to Ontario Gazette Vol. 154:18 (May 1, 2021).

• Rules of the Small Claims Court, O. Reg. 258/98 updated to 249/21.
• Courts of Justice Act updated to 2021, c. 4, Sched. 3.

Updated 'Hot Topics' include:

• Monetary Jurisdiction Increased to $35,000
• Practice Direction — COVID-19
• Electronically-Issued Documents
• Email Communication by Clerk
• Service by Email Replaces Service by Fax
• Alternative Service by Email on Certain Government Offices
• Removal from the Record
• Limitation Periods Suspended During COVID-19

The updated Preface discusses the impact of COVID-19 on small claims court operations and reviews different aspects of how the court now operates. The Survey of Recent Case Law has been updated.

Updated case law and commentary and discussion of recent rules amendments, including:

• 1704606 Ontario Ltd. v. Pointes Protection Association (2018), 142 O.R. (3d) 161 (C.A.), affirmed 2020 SCC 22 — proper analysis for an anti-SLAPP motion
• Reference re article 35 of the Code of Civil Procedure, 2019 QCCA 1492, to be released soon and perhaps in about April 2021, having been heard and reserved on September 24, 2020 (SCC docket 38837) — Constitutionality of Increased Small Claims Court Monetary Limit
• Kiselman v. Klerer, 2019 ONSC 6668 (Div. Ct.) — Jurisdiction over Residential Tenancy Disputes
• Towing Inc. v. Mercedes-Benz Financial (Canada) Inc., 2020 ONSC (Div. Ct.) — Repair and Storage Liens Act Procedure Clarified
• 620369 Ontario Inc. v. Borroto, [2020] O.J. No. 5128 (Div. Ct.) — Court’s Right to Question Plaintiff’s Choice of Venue
• Girao v. Cunningham, 2020 ONCA 260, s. 31 — discussion of duties and obligations of judges and counsel toward self-represented litigants
• Manos v. Riotrin Properties (Flamborough) Inc., 2020 ONCA 211, CJA s.32 — Trial judge must provide proper reasons for their decision in a case
• M.B. Holdings Limited v. Attorney General of Antigua and Barbuda, 2020 ONCA 12, R 6.01 — discuss recognition and enforcement of foreign judgments.
• Moore v. Apollo Health and Beauty Care, 2017 ONCA 383, r.11.06 — determination of whether a claim has been abandoned particularly when the plaintiff is self-represented
• Baig v. Mississauga, 2020 ONCA 697, r. 12.02 — application of limitation periods
• Huma v. Mississauga Hospital, 2020 ONCA 644, r. 14.06 — determination of whether a settlement was reached

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