Ontario Small Claims Court Practice 2019 brings you the latest amendments to the rules and forms of Small Claims Court in Ontario
Ontario Small Claims Court Practice 2019 brings you the latest amendments to the rules and forms of Small Claims Court in Ontario.
Simplified, plain language overviews
A self-help chapter outlines the practicalities of going the small claims route – for both quick references and help in explaining the process to others.
Easy-to-follow flow charts
Flow charts guide you through the process of bringing or defending a claim, and outline 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:
- 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
- Accessibility to the Court
- Court locations throughout Ontario
- Forms and their proper usage
Bonus for standing order subscribers
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. 151:23 (June 9, 2018)
- Amendments to the Rules of the Small Claims Court Ont. Reg. 258/98, including O. Reg. 202/17 which came into force September 1, 2017
- Amendments to the Courts of Justice Act, including S.O. 2017, c. 20, Sched. 2, ss. 3-6; S.O. 2017, c. 20 Sched. 11, s.7; S.O. 2017, c. 34, Sched. 46, s. 10.
- Updated Preface and updated Recent Amendments to the Small Claims Court Legislation
- "Hot topics," including latest developments on discovery-related motions:
- Jurisdiction over residential tenancy matters
- Anti-SLAPP motions under Courts of Justice Act s. 137.1
- Expert evidence and rule 18.02
- Discussion of recent rules amendments
- Updated case law and commentary
- All significant new court decisions throughout Canada, both reported and unreported, such as:
- Riddell v. Apple Canada Inc. (2017), 11 C.P.C. (8th) 275 (Ont. C.A.), affirming [2016] O.J. No. 4934 (Div. Ct.), application for leave to appeal filed [2017] S.C.C.A. No. 470.
- Douez v. Facebook, Inc., [2017] 1 S.C.R. 751
- Quebec (Director of Criminal and Penal Prosecutions) v. Jodoin, [2017] 1 SCR 478, 2017 SCC 26
- Barreau du Québec v. Quebec (Attorney General), [2017] 2 SCR 488, 2017 SCC 56
- Pintea v. Johns, [2017] 1 SCR 470, 2017 SCC 23
- Riddell v. Carefree Moving Inc., [2018] O.J. No. 1583 (Div. Ct.)
- Lahrkamp v. Metropolitan Toronto Condo. Corp. No. 932, [2018] O.J. No. 1413 (Div. Ct.)
- Caledon Hills Realty Ltd. v. Rosario, [2018] O.J. No. 544 (Sm. Cl. Ct.)
- Chow v. Lewis, [2018] O.J. No. 1535 (S.C.J.)
- McQueen v. Reid, [2018] O.J. No. 1317 (S.C.J.)
- Bondfield Construction Co. v. Globe and Mail Inc., [2018] O.J. No. 1639 (S.C.J.)
- Minniti v. Canadian Tire Bank, 2018 ONSC 2128 (Div. Ct.)
- Watterson v. Canadian EMU, 2018 ONSC 301
- Wallis v. Gallant, [2018] O.J. No. 1514 (Sm. Cl. Ct.)
- Rizvi v. Urban Studio Inc., 2018 ONSC 484
- 10.1 Inc. v. 2248951 Ontario Inc., 2018 ONSC 381
- Carleton Condominium Corporation 116 v. Sennek, 2018 ONCA 118
- Addition of substantial and lengthy commentary regarding discovery in small claims court, judicial review, default judgments, residential rent arrears, and lawyers’ claims for unpaid accounts, recent appellate decisions of note
- New chapter entitled “How to Proceed in Small Claims Court”
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“The book also covers how to build a better case, how to be better prepared, and where to find a local court. It provides a checklist for trial; offers a preparation list of dos and don’ts, and provides commentary on when and in what circumstances the court may take judicial notice of facts. The volume, which contains well over 1000 pages, includes ready-to-use-forms, charts, and the actual text of the Small Claims Court Rules. Included are legislative amendments with case law to illustrate amendments, as well as information covering bankrupt individuals and how to obtain a bankruptcy record. All in all, this book is an indispensable guide for both the seasoned legal practitioner and lay user of the Small Claims Court.”
From the book review of Ontario Small Claims Court Practice 2016 by Philton Moore (2017 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 42, No. 1)