Small Claims Exam

chantal Seguin
Flashcards by chantal Seguin, updated more than 1 year ago
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small claims court
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Question Answer
question of law? an issue that requires interpretation of the law
question of fact a factual dispute
cause of action date? valid legal grounds for commencing a court action the day the problem started (when you remember or when it happens)
Limitation periods – what is it and some basic ones (basic periods) no later than 2 years from discovery
What is the courts of justice act – different section – Monetary Jurisdiction – Judges and Justices – Mandate – Representation – Evidence – Payment – Costs – Appeals
what is personal service? - document is to be served personally - leaving a copy of the document with the individual - by leaving a copy of the document with the litigation guardian
What are alternatives to personal service? -serving the legal representative -Service of a document may be made by sending a copy of the document by mail to the last known address -courier -email
DEBTOR SEARCHES (chapter 4 and 20) what are the searches – types? PIPEDA sets procedures for collection, use and disclosure of personal info credit bureau execution personal property security act bankruptcy search
Know about procedures related to partnerships – (rule 5) A proceeding by or against two or more persons as partners may be commenced using the firm name of the partnership. each partner is served with the plaintiffs claim and a notice to alleged partner (rule 5.03(1))
Partnership defence If a proceeding is commenced against a partnership using the firm name, the partnership’s defense shall be delivered in the firm name and no person who admits being a partner at any material time may defend the proceeding separately, except with leave of the court.
when shall a settlement conference be held A settlement conference shall be held in every defended action where at least one party disputes the claim
explain offer to settle an offer to settle may be made in form 14A an offer to settle may be made at any time must include: amount, how it is to be paid, if it is to be paid to the courts, any interest, expiry date, defaulting terms
What are costs and their limits costs are amounts that the court orders one party to pay to another. can be awarded with any other relief that may be ordered
Procedure for motion to set aside default judgement - the defendant may bring a motion to set aside the noting of default - the plaintiff must be served with a copy of the motion and supporting affidavit what the judge will consider: - behavior of the parties; -the length of the defendant’s delay; -the reasons for the delay; and -the complexity and value of the claim the court generally requires that the defendant explain his or her failure to file a Statement of Defence on time and demonstrate an intention to defend against the claim. A party who is affected by an order obtained on motion without notice may make a motion to set aside or vary the order, within 30 days after being served with the order.
name some motion forms -to set aside noting in default -new trial -supporting affidavit -leave of the court
A Motion for new trial A new trial will not be ordered by a higher court unless "some substantial wrong or miscarriage of justice has occurred" [CJA s.134(6)]
how can a motion be made a motion can be made at any time during a proceeding. A motion shall be made by a notice of motion and supporting affidavit (Form 15A)
_______means a person against whom an order for the payment or recovery of money may be enforced. “debtor”
_________ means a person who is entitled to enforce an order for the payment or recovery of money; “creditor”
can any further orders be made while there is an order for periodic payments While an order for periodic payment is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff
types of enforcement's for regaining monetary loss Garnishment a writ of seizure and sale of personal property (Form 20C) a writ of seizure and sale of land (Form 20D) writ of delivery (Form 20B) The creditor may request enforcement of a writ of seizure and sale of personal property by filing a direction to enforce writ of seizure and sale of personal property (Form 20O) with the bailiff.
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