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Laurence Olivo, DeeAnn Gonsalves
Captus Press,
ISBN
978-1-55322-177-7
(2011)
Current as of November, 2011 Suitable as a core textbook for litigation subjects in paralegal, law clerk, and other legal practitioner programs in Ontario. Small Claims
Court Practice and Procedure in Ontario is the best
textbook available for student paralegals and an invaluable resource for small
claims court practitioners. Prepared in compliance with the new requirements
and regulations set by the Law Society of Upper Canada for licensed
paralegals, the book offers detailed descriptions and thorough explanations of
the critical aspects of a small claims court case: starting from preliminary
matters, such as assessing whether to sue, to post-judgment procedures, such as
enforcing a judgment through garnishment.This text is fully compliant with the competencies for Small Claims Court in a paralegal program. In addition to
practice and procedure, the book explores the major role played by small claims
courts in collection cases involving unpaid consumer and commercial debts.
Special attention is paid to debtor creditor law and the calculation of a
creditor’s claim. The book also addresses how damages are determined and
calculated in various types of cases. The Rules of the Small Claims Court
along with the relevant sections of the Courts of Justice Act and the
Paralegal Rules of Conduct are reproduced and explained throughout the text. Detailed
examples of all major Small Claims Court forms along with explanations for
their completion are provided. Written by two
experienced instructors and practitioners, the fundamentals of small claims
court cases are presented in a structured and accessible style. Accompanied with
realistic and practical examples, student paralegals can understand the
application of rules and forms and follow the process easily. Each chapter
includes both review questions that help students evaluate their knowledge and
case study discussion questions that facilitate practical application. Searchable online websites and databases are provided as
useful resources and enable readers to pursue an issue in
greater depth. Appendices include the Days of the Year Chart for interest
calculation, Rules of the Small Claims Court, Table of Forms, Schedule of Court Fees
and Allowances, pre and post-judgment interest tables, and a list of small
claims courts and phone numbers, allowing for quick reference. Critical
legal terms are included in the glossary for quick review. Legislative changes as of January 1, 2011, are included. Key Features
I Preliminary Matters Chapter 1 Introduction to the Ontario Small Claims
Court Chapter 2 The Small Claims Court Client and the Client
File Chapter 3 Background Searches for the Small Claims
Court File Chapter 4 Introduction to Credit Transactions and Collections Chapter 5 Determining Damages and the Amount Owing II Small Claims Court Proceedings: Chapter 6 Commencing Proceedings for the Plaintiff Chapter 7 Default Proceedings Chapter 8 Preparing Defences and Defendant’s Claims Chapter 9 Repairs, Amendments, Motions, and
Discontinuance Chapter 10 Settlement Chapter 11 Preparation for Trial and Trial III Judgment and Enforcement Chapter 12 Judgment, Post-Judgment Motions, and Appeals Chapter 13 Post-Judgment Considerations Chapter 14 Writs of Delivery and Writs of Seizure and
Sale Chapter 15 Garnishment Appendices • Glossary • Bibliography • Index |
