Table of Contents - Small Claims Rules

Contents

		Definitions
Rule 1 — Making a Claim
	(1)	Completing a notice of claim
	(2)	Filing a notice of claim
	(2.1)	If the defendant is a company
	(2.2)	If the defendant is a society
	(3)	If a claimant wants to claim against more than one defendant
	(4)	If the claim is for more than $25 000
	(4.1)	Litigation guardian needs Public Guardian and Trustee’s consent
	(5)	Abandoning part of a claim
	(6)	The effect of abandoning part of a claim
	(7)	Effect of transfer on abandonment
Rule 2 — Serving a Notice of Claim
	(1)	Who must be served?
	(2)	How to serve an individual
	(3)	How to serve a company
	(4)	How to serve an extraprovincial company
	(5)	How to serve a partnership
	(6)	Other service rules — see Rule 18
	(7)	Time limit for service
Rule 3 — Replying to a Claim
	(1)	What are a defendant's options?
	(2)	How does a defendant reply?
	(3)	Where does a defendant file a reply?
	(4)	Time limit for replying
	(5)	How a reply is served
	(6)	How an admission is accepted
Rule 4 — Making a Claim Against a Claimant
	(1)	Making a counterclaim
	(2)	When a counterclaim is served
	(3)	What are the claimant's options?
	(3.1)	How a claimant replies
	(3.2)	How an admission is accepted
	(4)	If a counterclaim is for more than $25 000
	(5)	How to abandon part of a counterclaim
	(6)	The effect of abandoning part of a counterclaim
	(7)	If a defendant begins a Supreme Court action
	(8)	If the small claims trial is held first
	(9)	If a claimant has already abandoned part of a claim
Rule 5 — Third Parties
	(1)	If a defendant thinks someone else should pay the claim
	(2)	Filing a third party notice
	(2.1)	If the third party is a company
	(2.2)	If the third party is a society
	(3)	What documents must be served on the third party?
	(4)	How to serve the third party
	(5)	Filing a certificate of service
	(5.1)	If a certificate of service is not filed within 30 days
	(6)	Notifying the other parties
	(7)	How a third party replies
	(8)	What a judge may do
	(9)	Another settlement conference must be held
Rule 6 — If a Defendant Does Not Reply to a Claim
	(1)	A claimant may ask for a default order
	(2)	Judge's permission needed in certain cases
	(3)	How to ask for a default order
	(4)	If a claim is for a debt
	(5)	If a claim is not for a debt
	(6)	If there are other defendants
	(7)	No notice of hearing
	(8)	A defendant loses the right to reply
	(9)	Purpose of hearing
	(10)	Result of hearing
	(11)	If a claimant does not attend
	(12)	How payment may be collected
Rule 7 — The Settlement Conference
	(1)	Settlement conference
	(2)	Settlement conference not required
	(2.1)	Some motor vehicle accident cases proceed directly to trial
	(3)	Notice of settlement conference
	(4)	Who must attend
	(5)	What the parties must bring
	(6)	Expenses for attending settlement conference unprepared
	(7)	How to change a settlement conference date
	(8)	Notice of change of date
	(9)	Certificate to be filed in personal injury cases
	(10)	If the claimant is not ready to file certificate
	(11)	Certificate must be served on other parties
	(12)	Defendant may request a medical report
	(13)	Report to be given to claimant and brought to settlement conference
	(14)	What happens at a settlement conference
	(15)	If a party does not comply with a disclosure order
	(16)	If a payment order is made
	(17)	If a party does not attend
	(18)	Notice of trial date
	(19)	Place of the trial
	(20)	If a party does not comply with a settlement agreement
Rule 7.1 — Transfers and Multiple Claims
	(1)	Transfer of claim to Supreme Court
	(2)	Exception
	(3)	Personal injury claims
	(4)	Multiple claims
Rule 7.2 — Mediation for Claims up to $10 000
	(1)	Definitions
	(2)	Cases to which this rule applies
	(3)	Cases to which this rule does not apply
	(4)	When this rule ceases to apply
	(5)	Appointment of mediator
	(6)	How the date of a mediation session is set
	(7)	Date of mediation session
	(7.1)	Certificate of readiness
	(8)	Notice of mediation session
	(9)	How to apply for exemption
	(10)	When a judge may grant an exemption
	(11)	Changing a mediation date
	(11.1)	Application to adjourn at least 7 days before mediation session
	(12)	Application to adjourn within 7 days before mediation session
	(12.1)	Unreasonably inconvenient
	(13)	Notice of change of date
	(14)	Application for mediation by telephone
	(15)	Late application for mediation by telephone
	(16)	If application is granted
	(17)	Attending mediation
	(17.1)	Claims brought in the name of an insured person
	(18)	What parties must bring
	(19)	Attendance by representative
	(20)	Status of representative
	(21)	Attendance of others
	(22)	If a party does not attend
	(23)	What the registrar will do if a claimant does not attend
	(24)	What the registrar will do if a defendant does not attend
	(25)	What happens if the defendant to counterclaim or third party notice does not attend
	(26)	If no party attends
	(27)	Cancellation of a dismissal or default order
	(28)	What application must contain
	(29)	If a judge cancels a dismissal or default order
	(30)	If the parties reach agreement on all or some issues
	(31)	If payment terms are not complied with
	(32)	If other terms are not complied with
	(33)	Mediation compensation order
	(34)	If a dispute is not resolved
	(35)	Confidentiality and compellability
	(36)	Exceptions
	(37)	No restriction on otherwise producible information
Rule 7.3 — Mediation for Claims between $10 000 and $25 000
	(1)	Definitions
	General Information
	(2)	Proceedings to which this rule applies
	(3)	Claims to which this rule does not apply
	(4)	When this rule ceases to apply
	How Mediation is Begun
	(5)	Initiating mediation
	(6)	When Notice to Mediate for Claims Between $10 000 and $25 000 must be delivered
	(7)	Not more than one mediation under this rule in any proceeding
	(8)	Rule does not apply unless mediation is initiated under subrules (5) and (6)
	Appointing the Mediator
	(9)	Appointment of mediator
	(10)	Application to roster organization
	(11)	Roster organization’s appointment procedure
	(12)	Notification of selection of mediator
	(13)	Deemed date of appointment of mediator
	(14)	Replacement of appointed mediator
	(15)	Mediator’s role
	Mediation Sessions
	(16)	Scheduling of mediation session
	(17)	Attending the mediation session
	(18)	Attending the mediation session in a motor vehicle action
	(19)	Requirements on parties who attend mediation
	(20)	Representative may attend for any party who is not an individual
	(21)	Authority of representative
	(22)	Party or representative may be accompanied by a lawyer
	(23)	Other persons may attend with consent
	(24)	Mediation by telephone
	(25)	Application for mediation by telephone
	(26)	Late application for mediation by telephone
	(27)	If application is granted
	(28)	How to apply for exemption
	(29)	When a judge may grant an exemption
	(30)	Adjourning a mediation session
	(31)	Date may be changed to avoid hardship
	(32)	Notice of change of date
	Costs of Mediation
	(33)	Fee declaration
	(34)	Corporation may sign by representative
	(35)	Form of fee declaration
	(36)	Costs may be paid on a different basis
	Default
	(37)	If a party does not attend
	(38)	What the registrar will do if a claimant does not attend
	(39)	If a defendant or insurer does not attend
	(40)	Application for default order
	(41)	If no party attends
	(42)	Cancellation of a dismissal or default order
	(43)	What application must contain
	(44)	If a judge cancels a dismissal or default order
	Confidentiality of Mediation Information
	(45)	Disclosure and compellability
	(46)	Exceptions
	(47)	No restriction on otherwise producible information
	Concluding Mediation
	(48)	If the parties reach agreement on all or some issues
	(49)	If payment terms are not complied with
	(50)	If other terms are not complied with
	(51)	Mediation compensation order
	(52)	If a dispute is not resolved
	(53)	Concluding a mediation
Rule 7.4 — Mediation of Claims for More Than $5 000 or for Damages for Personal Injury (Pilot Project — Robson Square Small Claims Registry)
	(1)	Definitions
	(2)	Claims to which this rule applies
	(3)	Claims to which this rule does not apply
	(4)	When this rule ceases to apply
	(5)	Mediation coordinator may exempt claim or party
	(6)	How to apply for exemption from a judge
	(7)	When a judge may grant an exemption
	(8)	Trial conference if this rule does not apply
	(9)	Appointment of mediator
	(10)	Roster of approved mediators
	(11)	How the date of a mediation session is set
	(12)	Certificate to be filed in personal injury cases
	(13)	If the claimant is not ready to file a certificate
	(14)	Certificate must be served on other parties
	(15)	Defendant may request a medical report
	(16)	Report to be given to claimant and brought to mediation session
	(17)	Notice of mediation session
	(18)	Changing a mediation session date
	(19)	Application to change date at least 7 days before mediation session
	(20)	Application to change date within 7 days before mediation session
	(21)	Unreasonably inconvenient
	(22)	Notice of change of date
	(23)	How to apply for mediation by telephone
	(24)	Direction for mediation by telephone
	(25)	If application is granted
	(26)	Attending mediation
	(27)	Claims involving an insurer
	(28)	Requirements of representative
	(29)	Attendance of others
	(30)	What parties must bring
	(31)	If a party does not attend
	(32)	What the registrar will do if a claimant does not attend
	(33)	What the registrar will do if a defendant does not attend
	(34)	What happens if the defendant to counterclaim or third party notice does not attend
	(35)	If no party attends
	(36)	Cancellation of a dismissal or default order
	(37)	What application must contain
	(38)	If a judge cancels a dismissal or default order
	(39)	If the parties reach agreement on all or some issues
	(40)	If payment terms are not complied with
	(41)	If other terms are not complied with
	(42)	Mediation compensation order
	(43)	If a dispute is not resolved
	(44)	Confidentiality and compellability
	(45)	Exceptions
	(46)	No restriction on otherwise producible information
Rule 7.5 — Trial Conferences (Pilot Project – Robson Square Small Claims Registry)
	(1)	Claims to which this rule applies
	(2)	Trial conference
	(3)	Notice of trial conference
	(4)	Changing a trial conference date
	(5)	Application to change date at least 7 days before trial conference
	(6)	Application to change date within 7 days before trial conference
	(7)	Unreasonably inconvenient
	(8)	Notice of change of date
	(9)	What the parties must file before the trial conference
	(10)	Serving the trial statement on other parties
	(11)	Who must attend the trial conference
	(12)	When a party is not required to attend
	(13)	Lawyer or articling student may accompany attendee
	(14)	What happens at a trial conference
	(15)	If a party does not comply with orders made at the trial conference
	(16)	If a payment order is made
	(17)	If a defendant or third party does not attend
	(18)	If a claimant does not attend
Rule 8 — Changing or Withdrawing a Claim or Reply, Etc.
	(1)	Any filed document may be changed
	(2)	How to change a document
	(3)	Filing and serving a revised document
	(3.1)	If a revised document is served
	(3.2)	No default order for failure to change reply
	(4)	Withdrawal of claim or other filed document
	(5)	Repealed
	(6)	The effect of withdrawing
	(7)	Claimant can change amount of claim
	(8)	Defendant can change amount of counterclaim
	(9)	How to change amount of claim or counterclaim
	(10)	When notice of claim or reply may be changed
	(11)	Changed notice of claim or reply must be filed and served
	(12)	Reply may but need not be filed
	(13)	Application of Rule 7.2
Rule 9 — Witnesses
	(1)	How a witness is told to attend court
	(2)	Travelling expenses
	(3)	Summons not always necessary
	(4)	What a witness served with a summons must do
	(5)	Summons may be cancelled
	(6)	If a summons is cancelled
	(7)	If a witness does not obey a summons
	(8)	Cancellation of warrant
	(9)	What the judge or justice of the peace may do when witness appears
Rule 9.1 — Simplified Trials for Claims up to $5 000 (Pilot Project — Robson Square and Richmond Small Claims Registries)
	(1)	Definition
	(2)	Claims to which this rule applies
	(3)	Claims to which this rule does not apply
	(4)	When this rule ceases to apply
	(5)	If the claim is for more than $5 000
	(6)	How to abandon part of a claim
	(7)	Effect of abandoning part of a claim
	(8)	If a counterclaim is for more than $5 000
	(9)	How to abandon part of a counterclaim
	(10)	Effect of abandoning part of a counterclaim
	(11)	Effect if defendant does not abandon part of a counterclaim
	(12)	Notice of trial
	(13)	How to change a trial date
	(14)	Date may be changed to avoid unreasonable inconvenience
	(15)	Unreasonably inconvenient
	(16)	Notice of change of date
	(17)	What the parties must file before the trial
	(18)	Serving the trial statement on other parties
	(19)	If a party does not comply with subrule (17) or (18)
	(20)	How a trial may be conducted
	(21)	Before a trial begins
	(22)	How the trial is conducted
	(23)	Evidence to be sworn
	(24)	Length of trial
	(25)	Orders respecting completion of adjourned trial
	(26)	If a defendant or third party does not attend
	(27)	If a claimant does not attend
	(28)	Adjudicator's decision after the trial
	(29)	If the oral decision is given later
	(30)	When written decision effective
	(31)	Application of other rules
Rule 9.2 — Summary Trial for Financial Debt (Pilot Project — Robson Square Small Claims Registry)
	(1)	Claims to which this rule applies
	(2)	Notice of trial
	(3)	How to change a trial date
	(4)	Date may be changed to avoid unreasonable inconvenience
	(5)	Unreasonably inconvenient
	(6)	Notice of change of date
	(7)	What the parties must file before the trial
	(8)	What the parties must serve on the other parties before trial
	(9)	How evidence will be heard at a trial
	(10)	Evidence to be sworn
	(11)	If a defendant or third party does not attend
	(12)	If a claimant does not attend
	(13)	Judge's decision at the trial
	(14)	Additional orders made by judge
Rule 10 — The Trial
	(0.1)	Cases to which this rule does not apply
	(1)	How evidence will be heard at a trial
	(2)	Evidence to be sworn
	(3)	Experts' evidence — advance notice of evidence required
	(4)	Experts' reports must be given in advance
	(5)	Experts' qualifications
	(6)	Experts may be called for cross-examination
	(7)	Cost of calling other party's expert
	(8)	Estimates
	(9)	If a defendant does not attend
	(10)	If a claimant does not attend
	(11)	Judge's decision after the trial
	(12)	If the decision is given later
	(13)	When decision effective
Rule 10.1 — Offer to Settle
	(0.1)	Claims to which this rule does not apply
	(1)	Any party may offer to settle
	(2)	Time limit for offering to settle
	(3)	How an offer is accepted
	(4)	Acceptance of offer deemed to be a payment order
	(5)	If an offer is rejected by claimant
	(6)	If an offer is rejected by defendant
	(7)	Amount of penalty
	(8)	What the judge must consider
	(9)	Other offers to settle
	(10)	Money paid into court after garnishing order
	(11)	Disclosure to judge
	(12)	Multiple defendants
	(13)	Multiple claimants
	(14)	Counterclaims and third party claims
	(15)	Third party claims
Rule 11 — Payment of the Judgment
	(1)	Payment order
	(2)	Payment deferral
	(3)	Creditor to be consulted
	(4)	If the creditor agrees
	(5)	If the creditor does not agree
	(6)	No collection while payments being made
	(7)	If no order is made
	(8)	If a judge orders a payment hearing

Court Rules Act; Small Claims Act

Small Claims Rules