PRELIMINARY PROCEDURES FOR SMALL CLAIMS COURT

All Civil Claims up to $25,000

Do I have a legal basis for my claim?

• Bank act
• Bankruptcy and Insolvency Act
• Bulk Sales Act
• Canada Evidence Act
• Collection Agencies Act
• Evidence Act
• Limitations Act
• Negligence Act
• Parental Responsibility Act
• Residential Tenancies Act
• Personal Property Security Act
• Workplace Safety and Insurance Act

Do I have Clean Hands?

Clean Hands Doctrine: Equitable doctrine stipulating that a person must have gone into the contract with ‘clean hands’ ie the person or corporation must have acted in good faith or ethically

Information Checklist:

• Do I have the Legal name of the person and/or corporation?
• Do I have a current address for the person and/or corporation?
• Does the person and/or corporation have any assets?
• Does the person have employment?
• Does the person and/or corporation have any previous debts or judgments against them?
• What evidence do I have?
• How long ago did the dispute take place? Generally there is a two (2) year limitation period in which to sue. If it has gone beyond that most cases will be turned away. Some cases carry a shorter limitation period (examples)
• Do you have the time to attend court?
• Is it worth it? Court costs time and money to commence proceedings; you must be sure you have both and are willing to consecrate the time. Is the money you seek to gain more than it costs to go through proceedings?
• Can you resolve the issue by another means? The Small Claims Court mandates a Settlement Conference before every proceeding, therefore it may be worth your while to negotiate with the person before proceedings. Also there are mediation services available with a third party in order to resolve your claim without the need to go to court and with less cost. (offer mediation services?)

Where should I file the claim?

[Rule 6]

• Where the problem occurred
• Where the defendant lives or carries on business or
• The nearest court to where the defendant lives of carries on business