Does the Small Claims Court Function Similar to What Is Seen On TV?
Watching a Reality TV Court Show and Actually Conducting a Small Claims Court Case Are Very Different Whereas the Small Claims Court Is a Genuine Court of Law That Operates As a Division of the Superior Court of Justice Using a Unique Set of Procedural Rules.
A Helpful Guide to Understanding Why It Is Called the Small Claims Court Rather Than the Simple Cases Court
It is called the Small Claims Court instead of the Simple Claims Court because lawsuits for amounts under $35,000 may be just as complicated, and perhaps more so, than many legal cases that are above the $35,000 limit of Small Claims Court (the limit of $35,000 became effective January 1 2020). Do note that the $35,000 limit applies exclusive of court costs, legal representation costs, and interest.
The Procedural Law
Just the same as with cases for sums beyond the $35,000 limit that are pursued in the higher court, a case in the Small Claims Court will involve the procedural law regarding the rules for the process of how a legal matter is conducted as well as the substantive law that applies to the actual legal issue in dispute. The procedural law is known as the Rules of the Small Claims Court which is essentially the general how to manual for the process of conducting a Small Claims Court case including what documents, being specific forms, are required as well as the step-by-step manner by which a legal case in the Small Claims Court occurs.
For sources of further helpful information regarding the rules of procedure and forms applicable to the Small Claims Court, see:
- Small Claims Court Forms
- Rules of the Small Claims Court
- Ministry of the Attorney General, Small Claims Court
Freed Legal Servicesprovides affordable servicesas a Paralegal in:
Learn More About
Small Claims Court Rules:
Generally, the Rules of the Small Claims Court limit a costs award for reimbursement of legal fees paid to a qualified representative to fifteen (15%) percent...Learn More
The document disclosure processes of the Small Claims Court are often described as easy enough for a self-represented layperson without legal training;...Learn More
Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...Learn More
Is Hearsay Allowed In Court? When a Person Testifies In Court About What a Person Only Knows As Second-Hand Information Hearsay Such Evidence Is Deemed As...Learn More
The law of issue estoppel relates to legal matters previously disputed and involves the res judicata principles which is Latin for things decided.Learn More
Generally, costs awards in Small Claims Court are limited to actual reimbursement for the expenses incurred for representation (lawyer, student-at-law, or...Learn More
The monetary jurisdiction of the Small Claims Court allows for each Plaintiff to bring claims up to the $35,000 limit; and accordingly, a Defendant may be...Learn More
Litigants in legal proceedings can often make the process of litigation more difficult than necessary through the use of uncivil and discourteous conduct.Learn More